Loading...
2007-07-03 PacketCITYOFALAMEDA.CALIFORNIA SPECIAL JOINT MEETING OF THE CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA) , AND COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - JULY 3, 2007 - - - 6 :00 P.M. Time: Tuesday, July 3, 2007 6:00 p .m. Place: Cit Council Chambers Conference Roaarn, City Hall, corner of Santa Clara Avenue and Oak Street. Agenda: 1. Roll Call - City Council, ARRA, CIC 2. Public Comment on Agenda Items Only Anyone wishing to address the Council /Board /Commission on agenda items only, may speak for a maximum of 3 minutes per item 3. Adjournment to Closed Session to consider: ARRA 3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Alameda Naval Air Station Negotiating parties: ARRA and SunCal Companies Under negotiation: Price and terms CIC 3 -B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Alameda Theater Retail Spaces 2315 and 2319 Central Avenue Negotiating parties: CIC and Restauranteur Under negotiation: Terms CITY COUNCIL 3-C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54953.9) Name of Case: Mikiten v. City of Alameda, et al 3-D. CONFERENCE WITH LEGAL COUNSEL --- EXISTING LITIGATION (54953.9) Name of Case: Collins (2) v. City of Alameda 3 -E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (54953.9) Name of Case: Collins (3) v. City of Alameda 4. Announcement of Action Taken in Closed Session, if any 5. Adjournment - City Council, ARRA, C I C Beverly o ¶on,lMayor Chair, ■ , d IC „es, Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 IF YOU WISH TO ADDRESS THE BOARD: 1. Please file a speaker's slip with the Executive Director, and upon recognition by the Chair, approach the rostrum and state your name; speakers are limited to 3 minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstrations are prohibited during Board of Commissioners meetings. AGENDA REGULAR MEETING OF THE BOARD OF COMMISSIONERS DATE & TIME Tuesday, July 3, 2007, 7:25 PM LOCATION City Hall, Council Chambers, Room 390, 2263 Santa Clara Ave., Alameda, CA Welcome to the Board of Commissioners of the Housing Authority of the City of Alameda meeting. Regular Board of Commissioners meetings are held on the first Tuesday of each Y quarter in the Council Chambers at City Hall. Public Participation Anyone wishing to address the Board on agenda items or business introduced by Commissioners may speak for a maximum of three minutes per agenda item when the subject is before the Board. Please file a speaker's slip with the Housin g Authority Authorit Executive Director if you wish to address the Board of Commissioners. PLEDGE OF ALLEGIANCE 1. ROLL CALL - Board of Commissioners 2. CONSENT CALENDAR • Consent Calendar items are considered routine and will be approved or accepted by one motion unless a request for removal for discussion or explanation is received from the Board of Commissioners or a member of the public. 2 -A. Minutes of the Special Board of Commissioners meetin g May held Ma 2007. Acceptance is recommended. Regular Meeting of the Board of Commissioners July 3, 2007 Page 2 2 -B. Minutes of the Special Joint Meeting of the Board of Commissioners and the Housing Commission Work Session held June 2, 2007. Staff recommends acceptance. 2 -0. Minutes of the Special Board of Commissioners meeting held June 5, 2007. Acceptance is recommended. 2 -D. Award Contract for Parrot Village Windows Project. The Housin g Commission and Chief Executive Officer recommend the Board of Commissioners: 1. Award a contract to replace Parrot Village windows and sliding glass patio doors to . p Bay Cities Construction Co. for $198,800; and 2. Authorize the Executive Director to execute the contract and to issue change g orders up to 10 percent of the total contract amount. 3. AGENDA None. 4. ORAL COMMUNICATIONS, Non - Agenda (Public Comment) 5. COMMISSIONER COMMUNICATIONS, (Communications from the Commissioners) 6. ADJOURNMENT * ** Note: * Sign language interpreters will be available on request. Please contact Carol Weaver, Secretary, at 747 -4325 voice or 522 -8467 TDD at least 72 hours before the meetin g to request an interpreter. * Accessible seating for persons with disabilities (including those using wheelchairs) is . g } available. * Minutes of the meeting are available in large print. * Audiotapes of the meeting are available on request. * Please contact Carol Weaver at 747 -4325 voice of 522 -8467 TDD at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other Y reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. CITY OF ALAMEDA • CALIFORNIA SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION TUESDAY - - - JULY 3, 2007 -- - - 7 :27 P.M. Location: Cit Council Chambers, City Hall, corner of Santa Clara Avenue and Oak Street. Public Participation Anyone wishing to address the Commission on agenda items or business introduced by the Commission may speak for a maximum of 3 minutes per agenda item when the subject is before the Commission. Please file a speaker's slip with the Deputy City Clerk if you wish to speak on an agenda item. 1. ROLL CALL -- Community Improvement Commission 2. CONSENT CALENDAR 2 -A. Minutes of the Annual Community Improvement Commission (CIO) meeting and the Special Joint City Council, Alameda Reuse and Redevelopment Authority and CIC meeting held on June 19, 2007. (City Clerk) 2 -B. Recommendation to authorize the Executive Director to enter into Contracts with the Park Street Business Association in the amount of $108,020 and the West Alameda Business Association in the amount of $98,200 for Fiscal Year 2007 -- 2008. (Development Services) 3. AGENDA ITEMS None. 4. ADJOURNMENT - Community Improvement Commission AGENDA The CITYOFALAMEDA.CALJFORNJA IF YOU WISH TO ADDRESS THE COUNCIL: 1. Please file a speaker's slip with the Deputy City Clerk and upon recognition by the Mayor, approach the podium and state your name; speakers are limited to three (3) minutes per item. 2. Lengthy testimony should be submitted in writing and only a summary of pertinent points presented verbally. 3. Applause and demonstration are prohibited during Council meetings. TUESDAY REGULAR MEETING OF THE CITY COUNCIL JULY 3, 2007 - - - - 7:30 P.M. [Note: Regular Council Meeting convenes at 7:30 pm, City Hall, Council Chambers, corner of Santa Clara Ave and Oak St] Order 1. 2. 3. 4. 5. 6. of Business for City Council Meeting is as follows: Roll Call Agenda Changes Proclamations, Special Consent Calendar Agenda Items Oral Communications, Non-Agenda Orders of the Day and Announcements (Public Comment) 7. Council Communications (Communications from Council) 8. Adjournment Public Participation Anyone wishing to address the Council on agenda items or business introduced by Councilmembers may speak for a maximum of 3 minutes per agenda item when the subject is before Council. Please file a speaker's slip with the Deputy City Clerk if you wish to address the City Council SPECIAL JOINT MEETING OF THE CITY COUNCIL, 6:00 P.M. ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, AND COMMUNITY IMPROVEMENT COMMISSION CITY COUNCIL CHAMBERS CONFERENCE ROOM Separate Agenda (Closed Session) REGULAR MEETING OF THE HOUSING AUTHORITY BOARD 7:25 P.M. OF COMMISSIONERS, CITY COUNCIL CHAMBERS Separate Agenda SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 7 :27 P.M. COMMISSION, CITY COUNCIL CHAMBERS Separate Agenda 1. ROLL CALL - City Council 2. AGENDA CHANGES 3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS 3-A. Presentation regarding the Facade Grant Program. (Development Services) 3 -B. Report on the Film Commission's first year. (Development Services) 4. CONSENT CALENDAR Consent Calendar items are considered routine and will be enacted, approved or adopted by one motion unless a request for removal for discussion or explanation is received from the Council or a member of the public 4 -A. Minutes of the Special Joint City Council, Alameda Reuse and Redevelopment Authority and Community Improvement Commission Meeting and the Regular City Council Meeting held on June 19, 2007. (City Clerk) 4 -B. Bills for ratification. (Finance) 4 -C. Recommendation to approve a Lease Extension with E -Z- Go /Textron Financial Corporation for 120 electric golf carts for rental use at the Chuck Corica Golf Complex. (Golf) 4 -D. Recommendation to allocate $58,665 and award Contract in the amount of $511,468, including contingencies, to William P. Young Construction for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05 -00 -09 . (Public Works) 4 -E. Recommendation to accept the work of Ghilotti Brothers for the Fernside Boulevard Pedestrian Access Improvements near Lincoln Middle School (Safe Routes to School), No. P.W. 11- 02 -15. (Public Works) 4 -F. Recommendation to adopt Plans and Specifications and authorize Call for Bids for the Grand Street Sewer Pump Station, No. P.W. 04- 07 -16. (Public Works) 4 -G. Recommendation to authorize installation of All -way Stop Controls at the following intersections: Fountain Street at Van Buren Street, and Fountain Street at Jackson Street. (Public Works) 4 -H. Adoption of Resolution Authorizing Open Market Purchase Pursuant to Section 3-15 of the Alameda City Charter for the Roof Structure for Maintenance Service Center Transfer Pad and Dumpsters, No. P.W. 04-07-14 and Authorizing the City Manager to Enter into Such an Agreement. (Public Works) 4 -I. Adoption of Resolution Authorizing the City Manager to Execute the Grant Contract Between the State of California Department of Boating and Waterways and the City of Alameda for the Purchase of Marine Patrol Equipment. (Police) 4 -J. Introduction of Ordinance Amending the Alameda Municipal Code by Repealing Sections 5 -30 (Filming Activities) in its Entirety, and Replacing It with a Successor Section to Article II (Permits) of Chapter V (Licenses and Permits) Making Changes to the Procedures, Regulations and Related Fee Provisions for Filming Activities within the City of Alameda. (Development Services) 5. REGULAR AGENDA ITEMS 5 -A. Adoption of Resolutions Appointing Linda McHugh as a Member of the Civil Service Board; Reappointing Steve R. Fort, Margaret Hakanson, and Audrey Lord- Hausman and Appointing Roberta Kreitz and John Robinson as Members of the Commission on Disability Issues; Reappointing Jeannette L. Copperwaite (Historic Experience Seat), David J. Duffin (Film /Video Experience Seat), Liam Gray (Arts /Cultural Seat), and Orin D. Green (Film/Video Experience Seat) as Members of the Film Commission; Appointing Ronald Kahn as a Member of the Housing and Building Code Hearing and Appeals Board; Reappointing Nancy Gormley (Senior Tenant Seat) as a Member of the Housing Commission; Appointing Mike Hartigan as a Member of the Library Board; Reappointing Marilyn Ezzy Ashcraft and Gina Mariani as Members of the Planning Board; Reappointing Katina Huston as a Member of the Public Art Commission; Reappointing Cathy Nielsen and Henry Villareal as Members of the Social Service Human Relations Board. 5 -B. Public Hearing to consider Adoption of Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Island City Landscaping and Light District 84-2, All Zones; and Public Hearing to Consider Adoption of Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84 -2, Zones 2 and 3. (Public Works) 5 -C. Public Hearing to Consider Adoption of Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Maintenance Assessment District 01 -01 (Marina Cove) . (Public Works) 5 -D. Public Hearing presenting the Master Fee Schedule for Fiscal Year 2007-2008. (Finance) 5 -E. Introduction of Ordinance Authorizing the City, Manager to Execute All Necessary Agreements and Documents for Termination of the Ground Lease and Execution of a Master Lease that Divides the Leasehold Estate that is the Subject of the Lease into Three Separate Leasehold Estates to Ballena Isle Marina, LP, a California Limited Partnership, of Real Property Held Under Lease By and Between the City of Alameda and Ballena Isle Marina, a Limited Partnership. [Requires four affirmative votes] (Development Services) 6. ORAL COMMUNICATIONS, NON- AGENDA (Public Comment) Any person may address the Council in regard to any matter over which the Council has jurisdiction or of which it may take cognizance, that is not 'on the agenda 7. COUNCIL COMMUNICATIONS (Communications from Council) Councilmembers can address any matter, including reporting on any Conferences or meetings attended 7-A. Discussion regarding a resolution calling upon steps to withdraw our Reservists, Coast Guard Units and members of the California National Guard troops from Iraq. ( Councilmember Matarrese) 7 -B. Consideration of Mayor's nomination for appointment to the Public Utilities Board. 8. ADJOURNMENT - City Council * ** • For use in preparing the Official Record, speakers reading a written statement are invited to submit a copy to the City Clerk at the meeting or e -mail to: lweisige @ci.alameda.ca.us • Sign language interpreters will be available on request. Please contact the City Clerk at 747-4800 or TDD number 522 -7538 at least 72 hours prior to the Meeting to request an interpreter. • Equipment for the hearing impaired is available for public use. For assistance, please contact the City Clerk at 747 -4800 or TDD number 522 -7538 either prior to, or at, the Council Meeting. • Accessible seating for persons with disabilities, including those using wheelchairs, is available. • Minutes of the meeting available in enlarged print. • Audio Tapes of the meeting are available upon request. • Please contact the City Clerk at 747 -4800 or TDD number 522 -7538 at least 48 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. /11.164H; Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, MAY 1, 2007 The Board of Commissioners was called to order at 7:41 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioner deHaan, Gilmore, Tam, Torrey and Chair Johnson Absent: Commissioner Matarrese 2. CONSENT CALENDAR Commissioner Tam moved acceptance of the Consent Calendar. Commissioner deHaan seconded. Motion passed unanimously. Items accepted or adopted are indicated by an asterisk. *2 -A. Minutes of the Regular Board of Commissioner meeting held April 3, 2007. Minutes were accepted. *2 -B. Award Contract for Landscape Maintenance Services. The Board of Commissioners: 1. Awarded a contract to Tree Sculpture Group, Inc. for ongoing landscape maintenance services starting July 1, 2007, for $1 03,944, and with the option to renew the contract for up to two additional one -year terms with increases of 2.5 percent each year, contingent upon funding and a good contractor performance evaluation. 2. Authorized the Executive Director to spend up to 20 percent additional as a contingency for necessary repairs; and 3. Authorized the Executive Director to execute the contract. *2 -C. Award Contract for Eagle Village Door and Hardware Project. The Board of Commissioners awarded a contract to replace doors and install door hardware at Eagle Village for an amount not to exceed $106,000 and to authorize the Executive Director to execute the contract. HABOC Item #2 -A CC 07 -03 -07 Minutes of the May 1, 2007 Special Meeting of the Board of Commissioners Page 2 *2 -D. Adopt Resolution Establishing Policy on Naming of Housing Authority Facilities. The Board of Commissioners adopted a resolution adopting the Policy for Naming City Y Property, Facilities and Streets, which would include Housing Authority facilities. 3. AGENDA None. 4. ORAL COMMUNICATIONS 5. COMMISSIONER COMMUNICATIONS Commissioner Torrey mentioned that he will be attending the National Association of Housing and Redevelopment Officials Conference in Monterey this weekend. 6. ADJOURNMENT There being no further business, Chair Johnson adjourned the meeting at 7:43 p.m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director 1 Secretary Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL JOINT MEETING OF THE BOARD OF COMMISSIONERS AND THE HOUSING COMMISSION WORK SESSION HELD SATURDAY JUNE 2, 2007 The working session was called to order at 9:00am at the Housing Authority Lobby located at 701 Atlantic Avenue, Alameda, CA. � v v ROLL CALL: Present: Housing . Commissioner Pratt, Schlueter, Torrey and Chair Gormley. Board of Commissioner Tam. Absent: Housing Commissioner Baide, Kurrasch, Trujillo. Board of Commissioner deHaan, Gilmore, Matarrese, Chair Johnson. AGENDA: The Work Session consisted of a tour of Housing Authority properties with the Board of Commissioners and Housing Commission. The following properties were on the tour: 1. Independence Plaza 2. Esperanza 3. China Clipper Plaza 4. 745 Lincoln Avenue 5. Rosefield Village 6. Eagle Village 7. Parrot Village 8. 1917 Stanford Street 9. 2103 Lincoln Avenue 10. 2201 Santa Clara 11. Anne B. Diament Plaza 12. 1129 -31 Regent Street 13. 1410 Sherman Street 14. 955 Shorepoint Court Accomplishments, performance and mutual interests were discussed during the tour. ADJOURNMENT The work session adjourned at 12:40 p.m. HABOC Item #2 -B CC 07 -03 -07 Minutes of June 2, 2007 Joint Work Session Page 2 Beverly Johnson, Chair Nancy W. Gormley, Chair Attest: Michael T. Pucci Executive Director 1 Secretary Dedicated to Excellence, Committed to Service. Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - TEL: (510) 747 -4300 - FAX: (510) 522 -7848 - TDD: (510) 522 -8467 MINUTES SPECIAL MEETING OF THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF ALAMEDA HELD TUESDAY, JUNE 5, 2007 The Board of Commissioners was called to order at 7:43 p.m. PLEDGE OF ALLEGIANCE 1. ROLL CALL Present: Commissioners deHaan, Gilmore, Matarrese, Tam, Torrey and Chair Johnson Absent: None 2. CONSENT CALENDAR Commissioner Tam moved acceptance of the Consent Calendar. Commissioner Matarrese seconded. Motion carried unanimously. Items accepted or adopted are indicated by an asterisk. *2 -A. Authorized Change Order and Budget Revision for Repair and Painting Projects. 3. AGENDA None. 4. ORAL COMMUNICATIONS None. 5. COMMISSIONER COMMUNICATIONS Commissioner Tam acknowledged a joint working session tour of the Housing Authority complexes on June 2, 2007 with the Housing Commission. 6. ADJOURNMENT There being no further business, Chair Johnson adjourned the meeting at 7:45 p .m. Attest: Beverly Johnson, Chair Michael T. Pucci Executive Director 1 Secretary HABOC Item #2 -C CC 07 -03 -07 Housing Authority of the City of Alameda 701 Atlantic Avenue - Alameda, California 94501 -2161 - Tel: (510) 747 -4300 - Fax: (510)522 -7848 - TDD: (510) 522 -8467 To: Honorable Chair and Members of the Board of Commissioners From: Debra Kurita Chief Executive Officer Date: July 3, 2007 Re: Award Contract for Parrot Village Windows Project BACKGROUND The Housing Authority budget includes a project to replace windows and sliding glass patio doors at the Parrot Village apartment complex. DISCUSSION The Housing Authority issued an Invitation for Bids (IFB) to replace the windows and sliding glass patio doors at Parrot Village. A notice announcing the IFB was sent to a list of contractors who have business licenses with the City of Alameda and others who have expressed interest in bidding on projects. Bids were due June 8, 2007. Bidders were required to submit their bids online as well as in hardcopy. One bidder failed to submit a hardcopy of his/her bid; therefore, that bid was declared non- responsive. The three remaining responsive bids are: B Bros Construction, Inc., San Leandro $329,000 Quality Plus Construction, Inc., Fremont $247,500 Bay Cities Construction, Inc., Oakland $198,800 Bay Cities Construction, Inc. submitted the lowest responsive bid. This company has successfully completed several projects for the Housing Authority over the past few years. It is recommended that a contract be awarded to Bay Cities; a copy of this contract is on file in the City Clerk's Office and the Housing Authority office. BUDGET CONSIDERATION /FINANCIAL IMPACT The lowest bid is less than the $200,000 amount budgeted for this project. Change orders are not expected on this contract; however, minor changes cannot be ruled out. HABOC Item #2 -D CC 07 -03 -07 " Dedicated to Excellence, Committed to Service " Honorable Chair and Members of the Board of Commissioners POLICY DOCUMENT CROSS REFERENCE July 3, 2907 Page 2 of 2 Housing Authority Resolution No. 689 states that one of the powers reserved by the Board of Commissioners is to award all contracts over $75,000. RECOMMENDATON The Housing Commission and Chief Executive Officer recommend the Board of Commissioners: 1. Award a contract to replace Parrot Village windows and sliding glass patio doors to Bay Cities Construction Co. for $198,800; and 2. Authorize the Executive Director to execute the contract and to issue change orders up to 10 percent of the total contract amount. Respectfully submitted, ichael T. Pucci Executive Director By: Eileen Duffy ED Housing Authority Manager UNAPPROVED MINUTES OF THE ANNUAL COMMUNITY IMPROVEMENT COMMISSION MEETING TUESDAY- -JUNE 19, 2007- -7:25 P.M. Chair Johnson convened the Annual Meeting at 7:38 p.m. Commissioner Tam led the Pledge of Allegiance. ROLL CALL -- Present: Commissioners deHaan, Gilmore, Matarrese, Tam, and Chair Johnson - 5. Absent: None. SPECIAL ORDERS OF THE DAY (07- ) Update on the Alameda Theater, Cineplex, and Parking Structure Project. The Redevelopment Manager gave a brief presentation. Commissioner Matarrese inquired whether the project was on budget, to which the Redevelopment Manager responded in the affirmative. Commissioner deHaan inquired what is the total budget for the arts portion of the project. The Redevelopment Manager responded the Development Agreement states that the restoration budget would meet the overall Public Arts requirement, which is close to $2 million; stated a budget is being developed for the panels and would come to Council in July; the range is approximately $15,000 to $20,000 and includes panel reproduction, design fees, and installation. Commissioner deHaan inquired whether staff had the opportunity to discuss light efficiencies with Alameda Power and Telecom (AP &T). The Redevelopment Manager responded in the negative; stated staff would discuss the issue with AP &T before July. Commissioner deHaan inquired whether the concession partition was discussed. The Redevelopment Manager responded staff discussed the matter with the preservation architect; stated concession visibility is important from the developer's standpoint; food and beverage revenues comprise approximately 50% of the project revenue; a blocked area would not be economically feasible; staff is working with the developer on color schemes; the State Historic Preservation Officer reviewed the drawings, including the Annual Meeting 1 Community Improvement Commission June 19, 2007 concession area, and approved the project design; the lobby leaf work will be very bright; the concession stand will not detract from the beauty of the lobby. Commissioner Tam stated the theater is projected to be completed a month ahead of the parking garage; inquired whether the theater and parking garage would have to open at the same time. The Redevelopment Manager responded the theater requires tenant improvements; stated the operator needs sixty days to install the seating, concession case work, ticket booth equipment, etc.; the theater cannot open without the garage; the garage can open without the theater; staff is working on a schedule to open the garage in January. Commissioner deHaan inquired whether parking fee management and support have been discussed; stated nothing is noted in the budget. The Redevelopment Manager responded staff is working with all departments; stated an operations and management plan has been drafted and reviewed by the Economic Development Commission, the Transportation Commission, and Park Street Business Association; a budget is being finalized; more information is needed before going out to bid for a parking management contract. Commissioner deHaan inquired what would be the fee schedule. The Redevelopment Manager responded fifty cents per hour, which is the same as on- street parking; stated incentives need to be created so that people use the parking garage; extensive outreach needs to be done before the parking garage opens; staff would present the operations plan to Council in September; an ordinance needs to be adopted to allow public parking garages. Chair Johnson stated that the project is moving along well; the public needs to know that conscious decisions have been made to spend some of the contingency. Commissioner Gilmore requested that renovation pictures be posted to the website. MINUTES (07- ) Minutes of the Special Community Improvement Commission Meeting held on May 15, 2007. Approved. Commissioner deHaan moved approval of the minutes. Annual Meeting Community Improvement Commission June 19, 2007 2 Commissioner Tam seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS None. ORAL COMMUNICATIONS, NON- AGENDA None. COMMISSION COMMUNICATIONS None. ADJOURNMENT There being no further business, Chair Johnson adjourned the Annual Meeting at 7:52 p.m. Respectfully submitted, Lara Weisiger Secretary The agenda for this meeting was posted in accordance with the Brown Act. Annual Meeting Community Improvement Commission June 19, 2007 3 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMIUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- -JUNE 19, 2007- -7:31 P.M. Chair Johnson convened the Special Joint Meeting at 8:33 p.m. ROLL CALL - Present: Councilmembers /Board Members /Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor /Chair Johnson --- 5. Absent: None. CONSENT Councilmember/Commissioner Matarrese moved approval of the Consent Calendar. Councilmember/Commissioner deHaan seconded the motion, which carried by unanimous voice vote -- 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *07- CC/ *07- CIC) Recommendation to approve the Fiscal Year 2007 -2008 Operating and Capital Improvement Budget for the Bayport Project. Accepted. Councilmember/Commissioner Matarrese moved approval of the staff recommendation. Councilmember /Commissioner deHaan seconded the motion, which carried by unanimous voice vote - 5. AGENDA ITEMS (07- CC/07- CIC) Public Hearing to review and approve development of affordable rental housing at Island High as an eligible use of the District Housing Fund. The Development Services Director gave a brief presentation. Councilmember/Commissisoner Matarrese inquired whether preference points would be given to School District employees and teachers. The Development Services Director responded that [giving preference points] is anticipated; stated housing would be made available on a first -come first -serve basis; units would not be reserved. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 1 Councilmember /Commissioner Matarrese inquired whether not reserving units is required by law or policy. The Development Services Director responded probably policy; stated units need to be occupied. Mayor/Chair Johnson inquired what would be the qualifying income level. The Development Services Director responded 80% of the median and below. Mayor/Chair inquired whether a teacher would qualify. The Development Services Director responded an entry level teacher would not; stated part -time teachers and some staff would qualify. Mayor/Chair Johnson stated the School District has been looking for ways to provide affordable housing for staff; inquired whether a second tier could be created for City employees if enough School District employees do not qualify. The Development Services Director responded staff has not looked into the matter; stated that she has not seen it [tiering] done in other communities; other communities give preference to Police, Fire, and school teachers. Councilmember /Commissioner Matarrese inquired whether a legal prohibition exists, to which the City Attorney responded in the negative. Councilmember/Commissioner deHaan stated preference points are given to Alameda residents. The Development Services Director stated preference points are given to people who live and work in the City. Councilmember/Commissioner Matarrese moved approval of the staff recommendation with the condition that affordable housing be offered to School District employees first and City employees next. Vice Mayor /Commissioner Tam seconded the motion, which carried by unanimous voice vote - 5. (07- CC) Resolution No. 14019, "Approving and Adopting the Operating Budget and Capital Improvements and Appropriating Certain Special Joint Meeting 2 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 Moneys for the Expenditures Provided in Fiscal Year 2007-08." Adopted; ARRA Resolution No. 41, "Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08." Adopted; (07- CIC) CIC Resolution No. 07 -150, "Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08." Adopted; (07- A CC) Resolution No. 14110, "Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business Travel." Adopted; and (07- B CC) Recommendation to authorize the City Manager to negotiate a Grant Agreement between the City of Alameda and the Alameda Historical Museum. The City Manager/Executive Director gave a brief presentation. Mayor/Chair Johnson stated residents have experienced sewage backups because of tree roots; the Public Works Department handles the issue well; inquired whether a long -term plan is in place. The Public Works Director responded a long-term plan is being developed; stated Council approved three $400,000 Contracts to start video taping sewer lines and storm drains; the City's Sewer Lateral ordinance requires sewer lateral testing before a house is sold. Councilmember/Board Member /Commissioner deHaan inquired whether a reserve fund has been established; stated expenditures are lower than revenue. The Public Works Director responded in the affirmative; stated money is being held back to complete the Master Plan; $2 to $3 million will be spent on capital construction projects annually; the total budget includes the costs associated with infrastructure. The City Manager /Executive Director stated the Sewer Service Fund is $40 million. Vice Mayor/Board Member /Commissioner Tam stated Public Works staff was extremely responsive when she had a sewer backup on her street. Mayor/Chair Johnson stated Council approved the Turf Management Plan; inquired whether adequate resources are available to continue Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 3 the Plan, to which the Recreation and Parks Director responded another five sites are scheduled for Fiscal Year 207 -2008. Mayor /Chair Johnson stated the parks look great. Councilmember /Board Member /Commissioner Gilmore thanked the Interim Golf Complex General Manager, staff and Golf Commission for all the hard work in turning around the Golf budget; stated she looks forward to reading the Consultant's report. Councilmember/Board Member/Commissioner deHaan stated unfunded capital projects would need to be address in the next year or two at the Golf Complex. The Interim Golf Complex General Manager stated staff will be reviewing the matter at mid -year. Councilmember /Board Member/Commissioner deHaan inquired whether a date has been set for unfunded projects. The City Manager /Executive Director stated staff continues to look into funding sources and grants. Councilmember/Board Member /Commissioner Matarrese stated the budget is very clear; requested the City Manager/Executive Director to comment on whether staffing is adequate for Police Sworn officers, Firefighters, and the Library. The City Manager/Executive Director outlined the approved workforce changes on page seven of the budget report; stated safety services are being monitored; the Library has been provided with $60,000 for part -time employees. Councilmember/Board Member /Commissioner Gilmore stated the Library has adequate staffing for the size of the building; Council was hoping to look at ways to extend hours. The City Manager /Executive Director stated Library hours have not increased. Councilmember/Board Member/Commissioner Gilmore inquired whether more staff would be needed if hours were increased, to which the City Manager /Executive Director responded in the affirmative. Councilmember/Board Member/Commissioner Gilmore stated she would like the issue pursued in the next budget cycle. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 4 Mayor/Chair Johnson inquired how many nights per week the Main Library is open. The Library Director responded two nights; stated each branch is open two nights a week; Thursday and Friday are the only nights a library is not open. Councilmember/Board Member/Commissioner deHaan inquired when the Main Library closes. The Library Director responded 9:00 p.m. on Monday and Wednesday; stated more full -time staff would be needed for additional hours; statistics are being reviewed to determine the busiest times; staff is reviewing the possibility of opening a half hour later so that the Main Library could be open later in the evening. Councilmember /Board Member /Commissioner Gilmore stated branch libraries perform different functions than the Main Library; people like to use the Main Library because of the computers; suggested increasing the Main Library's evening hours and reducing the branch library hours. The Library Director stated staff is reviewing statistics for all three locations. Mayor /Chair.Johnson stated branch libraries are used differently; it is important to have the Main Library open as many evenings as possible. Councilmember /Board Member/Commissioner deHaan inquired whether Alameda Power and Telecom (AP&T) has already reduced staff by eight. The AP &T General Manager responded one layoff occurred this year; stated the remainder of the positions would be eliminated at the end of the current fiscal year. Councilmember/Board Member/Commissioner deHaan inquired whether further reductions are anticipated. The AP &T General Manager responded not currently; stated stabilization is the main focus. Councilmember/Board Member /Commissioner deHaan inquired how many telecom employees there are, to which the AP &T General Manager responded twenty - three. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 5 Councilmember/Board Member /Commissioner deHaan stated the telecom side has somewhat of a balanced budget; inquired whether re- bonding is anticipated in 2009 to take care of long -term financial requirements. The AP &T General Manager responded the matter is yet to be determined and would be brought to the Public Utilities Board (PUB) in the coming months; stated the PUB discussed issues not included in the current budget, such as voice services, as an additional revenue stream. Councilmember/Board Member/Commissioner deHaan inquired whether customer base is increasing. The AP &T General Manager responded in the negative; stated that AP &T has lost an average of 30 customers per month for the last seven months. Councilmember /Board Member /Commissioner deHaan stated a $2 to $2.5 million revenue stream would be needed for re- bonding; inquired whether adjustments or increased revenue would be needed next year. The AP &T General Manager responded refinancing and additional revenue issues would be brought to the PUB. Councilmember /Board Member /Commissioner deHaan inquired whether said issues would need to start in 2008, to which the AP &T General Manager responded in the affirmative. Councilmember /Board Member /Commissioner deHaan stated draw downs were made on [General Fund] reserves in support of the infrastructure; inquired whether the new budget [General Fund reserve level] would be back up to 22%. The City Manager /Executive Director responded estimates are 22% of expenditures and would be subject to mid -year review and potential appropriations by Council. Councilmember /Board Member /Commissioner deHaan inquired whether infrastructure catchup work is anticipated in the proposed budget. The City Manager /Executive Director responded $2.2 million per year is estimated; funds are currently at $1.73 million; the balance would be reviewed at mid -year. Vice Mayor /Board Member/Commissioner Tam inquired whether some capital improvement funds could be used for the Meyers House to Special Joint Meeting 6 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 make the facility more available to the City. The Recreation and Park Director responded the Meyers House is partially funded through a trust fund established by the Meyers family; stated the Recreation and Park Department subsidizes approximately $20,000 to $25,000 per year for the upkeep to the grounds and house. Mayor /Chair Johnson stated eventually roof repair would need to be done. The Recreation and Park Director stated a long -term plan needs to be developed. Mayor/Chair Johnson stated that she was on the Planning Board when the City Council accepted the Meyers House; a condition was that the Meyers House would not cost the City money. Vice Mayor /Board Member/Commissioner Tam inquired what is the maintenance cost, to which the Recreation and Park Director responded $50,000 to $60,000 per year. Vice Mayor/Board Member /Commisioner Tam inquired whether the City is subsidizing over half of the cost, to which the Recreation and Park Director responded in the affirmative. Councilmember/Board Member /Commissioner Gilmore stated previous discussions addressed not using the grounds more because of the lack of restrooms. The Recreation and Park Director stated no outdoor restroom facilities are available; the Meyers House is in the middle of a residential neighborhood; rentals take place a couple of times a year for wedding ceremonies and teas; parking is limited. Mayor/Chair Johnson stated residents are subsidizing the Meyers House; it is important to find a way for residents to enjoy the facility. Vice Mayor/Board Member /Commissioner Tam inquired what are the hours of operation. The Recreation and Park Director responded the facility is open one Saturday per month for tours; stated special tours can be scheduled; the gardens are open on a daily basis. Councilmember/Board Member /Commissioner deHaan inquired whether the Special Joint Meeting 7 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 endowment goes up every year. The Recreation and Park Director responded the endowment depends on the performance of the trust. Councilmember /Board Member/Commissioner deHaan inquired whether the endowment is keeping up with expenses, to which the Recreation and Park Director responded in the negative. Mayor/Chair Johnson inquired what are trust provisions; further inquired whether the facility could revert back to the trust. The Recreation and Park Director responded the original will requires that the house be used as a museum; stated the facility could revert back to the trust if said stipulation was not met. Mayor /Chair Johnson requested an Off-Agenda report on whether renegotiating the trust would make sense; stated it is important to protect the City and not to use taxpayer's money on an asset that could revert back to the trust. Councilmember /Board Member /Commissioner deHaan inquired whether other Meyers properties are tied to the same trust, to which the Recreation and Park Director responded in the affirmative. Mayor/Chair Johnson stated assets should be sold to support other trust properties if properties are doing poorly. Vice Mayor/Board Member /Commissioner Tam inquired whether there is a possibility of increasing hours of operation. The Recreation and Park Director responded the matter could be reviewed; stated staffing levels are a concern. Councilmember /Board Member /Commissioner deHaan inquired when the $2.2 million AP &T and $ 5 million ARRA General Fund loans are due; further inquired whether other loans are outstanding. The City Manager/Executive Director responded other loans are not outstanding; stated an Off-Agenda report would be provided on when referenced loans are due. Mayor Johnson requested an overview on the $50,000 line item [100 Alameda Museum rent subsidy cut]. The City Manager gave a brief overview. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 8 Mayor Johnson inquired whether $41,000 would be set aside for the Museum this year and $50,000 would be available for cultural organizations next year. The City Manager responded $50,000 would be available for cultural organizations every year, but the bulk would be dedicated to the Alameda Museum. Mayor Johnson inquired whether Council would determine how the $50,000 would be allocated. The City Manager responded the recommendation is that a portion of the $50,000 goes to the Alameda Museum. Mayor Johnson stated that she recalls that the City started paying Museum rent in 1999, not 1991; the allocation was an emergency issue because the Museum was facing potential loss of the facility. The City Manager stated records are incomplete; 1991 was when the Museum moved to the Masonic Building. Diane Coler - Dark, Alameda Museum, stated problems existed with funding and the Museum; all conditions were met on the Court order; Council reinstated the funding that was temporarily withheld for six months; a minor rent increase occurred and Council agreed to meet the rent increase. Robbie Dileo, Alameda Museum, stated the Museum was evicted from a 100 -year lease and moved from Oak Street; the Museum moved to the Masonic Building; funding was suspended for six months and reinstated; a rent increase occurred in 2001; now the Museum is faced with a rent increase. Vice Mayor Tam stated records indicate that Council authorized funding in Fiscal Year 1999 -2000 for $38,400; amounts under $75,000 are within the City Manager's authority; inquired whether Council made an appropriation for the Museum since 1999. Ms. Dileo responded the Museum has not had to come to Council every two years to request the rent subsidy. Vice Mayor Tam stated there was no written agreement; inquired whether the Museum provides documentation regarding use, artifact inventory, etc. throughout the subsidy period, to which Ms. Dileo responded documentation is provided only upon request. Vice Mayor Tam inquired whether City funding was an automatic Special Joint Meeting 9 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 expectation every year. Ms. Dileo responded the funding was coupled with the Masonic lease. Vice Mayor Tam inquired whether the rent has stayed the same since 2000 except for the past year, to which Ms. Dileo responded in the affirmative. Councilmember deHaan inquired whether the Oak Street site was the Carnegie Library. Ms. Dileo responded the Museum was in the Carnegie Library basement rent free for 30 years; the Museum moved to the Recreation and Park Department site on Oak Street; improvements were made totaling $60,000 because the Museum was under the impression that the 99- year lease was iron clad; the city no longer had a place for the Museum; the Masons are also a non - profit organization; the rent was reasonable at 76 cents per square foot; now the rent is $1.76 per square foot. Councilmember deHaan inquired whether the Mason lease is a five - year term. Ms. Dileo responded the lease is for two years; the President advised that the Museum could sign a new, three -year lease. Mayor Johnson inquired which facility had the 99 -year lease, to which Ms. Dileo responded 1327 Oak Street. Mayor Johnson stated the site is not City property; the lease was not with the City. Ms. Coler-Dark stated the City negotiated the lease to the best of her knowledge. Councilmember deHaan stated a relationship must have existed because the Recreation and Park Department took over the site. Mayor Johnson stated the City was evicted from the site by the School District. The City Manager stated the Museum allocation was identified in the budget every year; it is important to have an agreement for the terms and conditions. Mayor Johnson called the speakers. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 10 (Opponents (Not in favor of a 10% Museum rent subsidy cut) : George Gunn, Alameda; Nancy Anderson, Alameda; Nancy Hird, Alameda; Nancy Gordon, Alameda; Diane Coler -Dark; Alameda Museum; Philip A. Grauean, Alameda; Donna Grauem, Alameda; Chuck Millar, Alameda Museum; Birgitt Evans, Alameda; Robbie Dileo, Alameda; Christopher Buckley, Alameda; Ross Dileo, Alameda; Adam Hohun, Alameda. Mayor Johnson inquired how much revenue is collected through donations. Ms. Coler -Dark stated donations vary; home tours generate $8,000 to $12,000; the gift shop is successful. Ms. Dileo stated revenue is collected through estate sales. Mayor Johnson inquired how much money is received from donations. Ms. Coler-Dark responded the amount of donations vary greatly; stated an endowment was received from the Stafford family; extra money is placed in Certificates of Deposits; the principle will be used to pay for the rent increase. Mayor Johnson inquired how much money is received in donations on an average or annually basis. Ms. Dileo responded some years donations amount to $4,000, other years $12,000. Vice Mayor Tam inquired how donations are solicited. Ms. Coler -Dark responded members walk the neighborhoods and leave flyers on porches; stated a massive membership drive has been directed to past members. Vice Mayor Tam inquired whether Board Members are required to make contributions beyond time. Ms. Coler -Dark responded Board Members make significant contributions; stated all Board Members are due paying members and contribute to special projects. Councilmember Gilmore inquired whether solicitations are sent to major employers in the City. Ms. Coler -Dark responded said solicitations were tried; nothing was received. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 11 Ms. Dileo stated a big corporate effort has not been made because a great amount of time has been given to special exhibits and flood repair; past solicitation efforts have not been successful. Mayor Johnson stated that she received a Meyers House brochure; the brochure contained a membership form but no request for solicitation. Councilmember Gilmore stated that requests for solicitation should be included in mailers. Councilmember Matarrese stated that he is supportive of a Cultural Arts Program; the City has a Public Arts Fund with a balance of $42,789; developers are required to either provide Public Art or pay in lieu fees; 25% is available for programs; $1O,000 could be used for something other than public art and has not been dispersed; seeds are there for a Cultural Arts Program; the City should financially support the Museum; he would support keeping the current level of the Museum's subsidy; a 10% cut would cause the Museum to go away; the Museum needs help; there should be a condition requiring the establishment of a business plan that has an aggressive fundraising plan. Mayor Johnson stated that the City could help by offering a donation match; other non - profit organizations are in need of funding also; the Museum has very little money in donations. Councilmember Gilmore stated Museum support is important; an agreement is needed going forward; the Museum needs a business and fundraising plan for long -term issues; the Museum occupies a space that could be a retail space; rents will go up as Park Street improves; the City can help with providing resources for the business and fundraising plan and with finding another space; the City is not asking the Museum to do anything different than other non- profits; museums should pull resources together for a fundraiser and split the proceeds; the Museum needs to approach the operation more like a business; long -term strategic planning is needed; the City has an obligation to other arts and cultural groups also; the City did not pay rent for the months that the Museum was closed due to a flood; suggested that the City apply the rent savings to the budget cut for the year going forward. Councilmember deHaan stated that the Museum was not operational during the flood situation and did not receive funding; all departments were making cuts in Fiscal Year 2004 -2005; the 1O% cut is not relevant at this time; the Museum and community arts bring a value to the City but have two different missions; he finds it Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 12 bizarre to get caught up in a $50,000 line item; the Cultural Arts have needs like everyone else; $4,600 is not going to make or break the City; the City needs to work with all entities. Mayor Johnson stated the Alameda Civic Light Opera (ACLO) has not requested assistance in the past; the Public Arts Fund is an annual accumulation. Councilmember Matarrese stated the City has never allocated any money from the Public Arts Fund; the Fund has been growing for the past four years; a number of development activities will contribute to the Fund. Blake Brydon, ACLO Vice President, stated ACLO supports the Alameda Museum; all arts organizations need to work together; he likes the idea of having money for the Museum and having a separate line item for the Cultural Arts; every arts organization should be able to apply for a grant every year; equity is needed between organizations; ACLO is constantly fundraising; equity is needed among the various organizations; approximately $80,000 is raised through fundraising events and another $40,000 is received from general donations. Mayor Johnson inquired how many hours volunteers contribute. Teddy Tabor, ACLO, responded that she would not be able to count the number of hours; stated ACLO has a paid Director this year; solicitation efforts are necessary. Councilmember Gilmore stated solicitations raise community awareness. Councilmember deHaan stated the Kaufman Auditorium was one day away from a wrecking ball and would have been a major loss; urged the Museum to look to corporate donors; $50,000 could be allocated to the Museum and another line item could be established for Cultural Arts; everyone should be supportive of one another. Mayor Johnson stated the Museum Board needs to show that businesses benefit from making donations to the Museum; ACLO convinces businesses that support makes sense. Councilmember Matarrese stated a condition should be to have a written agreement with the Museum and the City that includes liability issues and a component for escalating the contribution as a matching vehicle going forward. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 13 The City Manager stated the City has been working on an agreement with the exception of the matching component. Councilmember Matarrese stated that he does not support a cut in the existing allocation; a gap exists between the rent and the City's practice of paying the entire rent and the existing allocation; there should be some type of matching incentive to close the gap; a rent increase is guaranteed; a second condition should be to establish a business and fundraising plan. Councilmember deHaan stated the matter might not be resolved tonight. Councilmember Matarrese stated the budget resolutions should be adopted with the conditions that the Museum allocation not be reduced, the City establish a Cultural Arts Program with the difference, the Museum and the City come to a written agreement that would include the escalator to help close the gap with the matching fund, and that the Museum must have a business and fundraising plan within the next quarter. Mayor Johnson stated other arts organizations should have an annual budget amount that they can apply for on a grant basis; the City needs to support other organizations; City support should be on a matching grant basis. Councilmember deHaan requested clarification on whether Mayor Johnson is recommending not reducing the amount by 100 and the delta for rent would include $14,000 as a match. Mayor Johnson stated that she would recommend a 100 reduction and allow the Museum to earn another 100 to 20% on a matching basis. The City Manager stated the match could take up the entire $50,000. Councilmember Matarrese stated that the accumulated Public Arts Fund can be for public art as well as for programs; the two-year budget cycle did not anticipate a 10% cut for the Museum subsidy; the cycle can be finished out and $50,000 can be added for a Cultural Arts Program; $42,700 is already budgeted. Vice Mayor Tam inquired whether Councilmember Matarrese is recommending adding $50,000 to what is being proposed tonight. Councilmember Matarrese responded that $8,000 is needed to fund a $50,000 Cultural Arts Program; $50,000 would be in the Museum fund; $46,000 is currently allocated for the Museum; $4,000 is the match Special Joint Meeting 14 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 for this cycle to close the Museum rent gap. The City Manager stated $7,500 was saved by not paying two months rent and could apply to the $8,000 needed [ for the Cultural Arts Program] . Mayor Johnson inquired whether using the $42,000 [for the Cultural Arts Program] conflicts with the Public Arts ordinance. The City Manager responded staff would come back to Council outlining obstacles; funding sources would need to be identified. Mayor Johnson stated funding should be made available to other non- profits. Councilmember Matarrese stated a written agreement with the Museum should include all liability and insurance requirements and completion of a business and fundraising plan within a quarter. The City Manager clarified that the [Museum] grant would be for $46,000 with a total cap of $50,000 with matching donations. Mayor Johnson stated performance measures should be implemented. Vice Mayor Tam stated modified the recommendation should include that the Museum provide a annual performance report. Councilmember deHaan inquired why the $7,500 in unpaid rent would not be part of the over and above [funding for the Museum]. The City Manager responded the $7,500 would be applied to the matching grant for the other arts groups; stated the Museum would need to raise $4,000 as a match. Councilmember Gilmore stated the grant application process should be done on a two -year cycle; she has no problem with funding the Museum; she has a problem with escalating rent; she does not want to be in the same situation when the lease comes up in two years; the City needs to help the Museum if funding raising is not enough to cover a projected rent increase; the City is spending approximately $80,000 on the Museum and Meyers House; the Meyers is an issue because it is a deteriorating asset; the City needs to set aside a reserve fund to take care of issues or consider reverting back to the trust. Councilmember deHaan concurred with Councilmember Gilmore; stated the Recreation and Park Department has taken on another burden; the Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 15 Meyers House funding needs to be reviewed. Mayor Johnson requested that the Museum agreement come back to Council. Councilmember /Board Member/Commissioner Matarrese moved adoption of ARRA Resolution Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08; the CIC Resolution Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007-08; and the City Council Resolution Approving and Adopting the Operating Budget and Capital Improvements and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08, with maintaining the rent level for the museum. Councilmember /Board Member /Commissioner Gilmore seconded motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved adoption of the Resolution Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business Travel. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved approval of pursuing an agreement with the Alameda Museum including the abililty to match funds to the full amount of the line item [$50,000], and the requirement that the Museum establish a business plan, fund raising plan, performance standards, and performance report. Mayor Johnson requested that the motion be amended to require that the business plan include reviewing the location issue and that the plan be for a two -year cycle. Councilmember Matarrese clarified that the agreement details should include all the liabilities and necessary City requirements; the business plan details should look at the horizon of the lifespan details of the current location as well as future location. Mr. Gunn stated the Museum Board is willing to look at any proposed location. Mayor Johnson stated the City will help, but the Museum needs to plan for the future. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 16 Mr. Gunn stated the Museum is not allowed to have the building [Carnegie Building]. Mayor Johnson inquired how much money the Museum has for a new site. Ms. Dileo responded. over $100,000. Councilmember Matarrese stated there is a motion on the floor regarding going forward with the agreement with the Museum. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved approval of staff reviewing the Public Arts Fund and its applicability to a fund that would total $50,000 and would be available through a grant process for Cultural Art activities in the City. Councilmember Gilmore stated a caveat to the motion would be to ensure that the grant process is on a two -year cycle; requested that staff review the Meyer House issue. Mayor Johnson stated Council would like to have the money available soon; she would hope to be in a position of assessing applications in three months. Councilmember deHaan seconded motion, which carried by unanimous voice vote - 5. Councilmember Gilmore stated staff has been given direction to review the Meyers House issue; she does not want the issue forgotten. Mayor Johnson stated the responsibility for the Meyers House was given to the Recreation and Park Department budget without funding. Councilmember deHaan inquired whether Development Services could support some of the funding and training [for the Cultural Arts Program] since the issue is related to economic development activity; requested staff to review the matter; further stated a shuttle service was discussed for the Fleet Industrial Supply Center (FISC) property; it is important to set up the dynamics within the City to be able to transport individuals, particularly seniors, to shopping centers; the matter should be addressed in future development agreements, such as Alameda Point and the Northern Waterfront; he would like to have a commitment from the Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 17 FISC property developer; stated San Leandro's program was intitated with Measure B funding; requested that staff review San Leandro's program. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Joint Meeting at 11:31 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 18 CITY OF ALAMEDA Memorandum To: Honorable Chair and Members of the Community Improvement Commission From: Debra Kurita Executive Director Date: July 3, 2007 Re: Authorize the Executive Director to Enter into Contracts with the Park Street Business Association ($108,020) and the West Alameda Business Association ($98,200) for Fiscal Year 2007 -08 BACKGROUND The Community Improvement Commission (CIC) makes a grant each year to,the Park Street Business Association (PSBA) and the West Alameda Business Association (WABA). These grants support overhead, operations, marketing, and promotional activities and enable each business association to operate downtown revitalization programs based on the principles of the National Main Street Center. PSBA and WABA are active partners with the City in the ongoing renewal of their respective districts. DISCUSSION This fiscal year's grant amounts, determined by the 2007 -08 budget process, are the same as the prior fiscal year: $1 08,020 for PSBA and $98,200 for WABA. In addition, the Greater Alameda Business Association (GAGA) will also be receiving $1 2,000 in grant funds this year. BUDGET CONSIDERATION /FINANCIAL IMPACT There is no impact on the General Fund. The contract amounts are budgeted from tax increment funds. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Economic Development Strategic Plan, July 2000, Strategy #2 reads as follows, "Support the Chamber of Commerce, merchants and merchant associations in their efforts to increase the availability and quality of retail goods and professional services that meet the purchasing preferences of Alameda residents and the employees of Alameda firms by: (1) supporting Park and Webster as "Main Street" retail zones..." CIC Agenda Item #2 -B 07 -03 -07 Honorable Chair and Members of the Community Improvement Commission RECOMMENDATION July 3, 2007 Page 2of2 Authorize the Executive Director to enter into contracts with the Park Street Business Association ($1 08,020) and the West Alameda Business Association ($98,200) for Fiscal Year 2007 -08. Leslie A. Little D-&plopment Services Director By: Dorene E. Soto Manager, Bu iness Development Division By: -Su Economic D = velopment Coordinator DK /LALIDES /SGR:ry cc: Greater Alameda Business Association Park Street Business Association West Alameda Business Association CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Receive a Report on the Alameda Film Commission's First Year BACKGROUND In February 2006, the City Council authorized the creation of an 1 1 - member Alameda Film Commission (AFC) to promote film/video activity in Alameda. The film/video industry is a highly sought after business sector. The industry generates positive economic benefits for any filming locale in the form of jobs created, materials bought, hotel rooms rented, restaurant meals consumed, etc. This report highlights the first year work plan of the Alameda Film Commission. DISCUSSION Achieving FLICs status: In anticipation of the creation of the Alameda Film Commission, the City applied for Film Liaisons in California Statewide ( FLICs) status. By becoming a FLICs member, the City joined a 50 -plus network of cities, convention and visitor bureaus, and chambers actively working together to promote film activity statewide. FLICs members meet quarterly throughout the State to share information and participate in film- industry related training. Alameda became an official FLICs designee in December 2005. Film Commission activity: The AFC met for the first time on June 21, 2006, and: 1. established a regular meeting date; 2. elected officers; 3. adopted policies and rules; 4. adopted a first year work plan; and 5. organized into three subcommittees: Marketing, Locations, and Internal Operations. MARKETING SUBCOMMITTEE: The major goal of the Marketing Subcommittee is to assist Alameda to become a high - profile destination for film and video. Among its first - year accomplishments are: Creation of a website: Alameda now has a 24/7 marketing agent in the form of its website, www.filmalameda.com. The subcommittee worked with the City's webmaster to City Council Agenda Item #3 -B 07 -03 -07 Honorable Mayor and Members of the City Council July 3, 2007 Page 2 of 4 develop the website. Many other similar websites were evaluated in determining the final design of the Alameda site. The site touts Alameda's unique locations, gives up -to- date weather information, and lists information useful to film production crews. The site enables email inquiries to be sent to City staff and describes the permit process for filming in Alameda. The site also allows individuals to offer their locations to the site for inclusion in the site's photo library. A film commission photography library usually contains thousands of photos. During year two of the Film Commission, the Locations Subcommittee will continue its effort to get this major component of the website functional. City Map: The subcommittee worked with City staff in the development of a new city map. The map is the City's first marketing piece for advancing film in Alameda with a back panel map marketing Alameda's unique locations and providing contact information for both filming in the city and at Alameda Point. Logo: The subcommittee has also developed a logo, an abstract "A" for Alameda standing in Bay -like water. Parallel vertical elements read as either film or parts of the Bay Bridge. A countdown clock acts as background and suggests early TV test patterns reflecting Alameda's hometown 1950s feel. V1E�i.f ` ��' _q� ,:ey _yr -.le y' .r'y �L• ltdyYy {. %L 711,�¢�.4.1 J^ . ri i C"',�f` ]'� .: �:yi�d- i'- ��:- :.ia.l'i - ,. = 7���T' �^.. 4e1c C. M :f.T.^PiSP:'lih�:G,a;{j��..�.': �•' ti{ri�:= i5di� ? LOCATIONS SUBCOMITTEE: The major goal of this subcommittee is to develop shootable locations in Alameda, i.e., locations with property owner consent on file for potential filming. These locations are promoted primarily through the Film Commission's website. Development of Website photo locations library: The Locations Subcommittee worked closely with Marketing in the overall development of the website. In addition to general work on website development, the subcommittee: • developed a classification scheme for locations; • worked with City staff and the City Attorney's office in developing property owner photo release forms, and; • worked with the website consultant in de- bugging the photo upload process. The subcommittee has developed a list of civic clubs in Alameda and will be making public presentations in year two, encouraging residents to fist their property as potential film locations. Subcommittee members have also taken professional- caliber photos of public property throughout Alameda to enter into the photo library. INTERNAL OPERATIONS SUBCOMMITTEE: The major goal of the subcommittee is to assure that the internal City processes were clear and understandable to the film community. Honorable Mayor and Members of the City Council July 3, 2007 Page 3 of 4 Update of Chapter Five of the AMC regarding filming: The primary focus of the subcommittee this year has been to work with City staff to revise the Alameda Municipal Code sections regarding filming in Alameda. That code update is scheduled for Council consideration on July 3, 2007. Additionally, the subcommittee has preliminarily discussed the current film permit application and has offered to assist in assuring it is straightforward and comprehensible. The subcommittee will be taking up the permit revision in the coming year and will also recommend economic indicators for adoption to determine the Commission's effectiveness in increasing the amount of film/video production in Alameda. STAFF TRAINING: Staff also received training and attended film- related conferences, trade shows and meetings: Association of Film Commissioners International (AFCI): The City joined AFCI in December 2005 and was granted interim membership status contingent upon staff attending its annual educational conference, Cineposium and Film Commission Fundamentals. In October 2006, staff attended AFCI's conference in Pasadena. As a result, the Alameda Film Office was graduated from interim membership in AFC1 to full membership. AFCI Locations Trade Show 2007: Staff also attended AFCI's 22nd annual locations trade show in April 2007. The Locations show is a one -stop venue for the television, film and commercial industry to scout for locations and production services throughout the world. Over 3,000 industry- related professionals attended the show, which featured 250 -plus exhibitors from 30 different countries. Staff attended to understand the show's potential for assisting in Alameda's film - related efforts. Statewide and Bay Area FLICs meetings: Staff also attends quarterly meetings of the California FLICs. Held at varying locations throughout the state, the meetings typically include training as well as the opportunity to share information and ideas. On a more regional level, City staff also attends Bay Area FLICs meetings, which occur throughout the year and include film commission personnel from Oakland, San Francisco, Berkeley, Vallejo, San Mateo, Marin, and Monterey. In November 2006, Alameda hosted a Bay Area FLICs meeting on the USS Hornet Aircraft Carrier. The Alameda Film Commission was established during a period of declining film/video production in the United States, the State of California, and the Bay Area. A concerted effort is underway to enable California to recapture some, if not all, of its past volume of film/video activity by all jurisdictions throughout the state. The Alameda Film Commission, working with City staff, and in concert with the Bay Area FLICs, the State FLICs network, and the California Film Commission, will help position Alameda to share in the hoped -for return of the industry over the next decade. BUDGET CONSIDERATION /FINANCIAL IMPACT Film Commission activities have no impact on the General Fund. Honorable Mayor and Members of the City Council MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE July 3, 2007 Page 4 of 4 • 2000 Economic Development Strategic Plan (EDSP) sets forth strategies for building a strong and diverse local economy. Strategy One of the EDSP stresses the desirability of attracting clean industry to Alameda and references "motion picture /television programming" as one of several primary business targets. • Alameda Municipal Code Chapter 11, Administration, Article 11, Boards & Commissions, Alameda Film Commission, Sections 2 -18 through 2 --18.5 RECOMMENDATION This re port is provided for information only. No action is required. ectfully su Itt Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Bu ess Development Division Economic Development Coordinator & Film Liaison DK/LALIDES /SOR:ry Attachments: (1) "Film Commission Works to Put City in Cameras' Focus," The Alameda Journal, May 5, 2006 (2) "Alameda is Ready for its Close -up," The Alameda Journal, January 19, 2007 TheAlamedaJournal.com • Friday, May 5, 2006 Film COrniniSSiOn works to pub city in cameras' focus III • Although � the movie was Economic impact not- very uccessful at the box office, • as `a nice was a huge economic. hit in of productions h it � • Alameda. Crews spent money on ripple effect' on businesses, . �P • . food, lodging and everything else and movie star magic is they needed. And it created a . buzz and helped put the island priceless buzz on the map. By Kimberly S. Wetzel Over the years, Alameda has STAFF WRITER had several crews visit to film Hollywood fever struck everything from big-budget block- Alameda in a major way in 1989. busters- such as `The Matrix" star • Makers of a low - budget film ring Keanu Reeves to television P called "The Spirit of '76," starring shows l ke lag and 911. Partridge Family heartthrob David Each time the crews bring g and valley girl Moon their cameras, they also bring Cassidy y- eta film. their pocketbooks, and money �� Zappa. came to the city on everything from food to Crews shot the . movie's disco spent g scenes in. the historic Alameda lumber food, stay in Theater, staged police chases on "They eat your y i streets and even borrowed your hotels, buy your products, city "said Sue Russell, de- for Chuck Corica's car everything, tor� and. film for a scene or two. velopment coordinator That summer, Alamedans re- liaison for-the-City of Alameda. ported movie star sightings al- "There's just -a nice ripple effect daily, most Bail and about 100 lucky in the community when they city residents and at least one res- come in." Holly- movie, ident dv served as extras in the In an effort to keep c ordin to archives from wood's flow of money into according The Alameda Journal, which pub- Alameda., last year the city decided ommission. On fished several stories on the craze. to create a Film C on "It was a fun experience," said Tuesday, Mayor Beverly Johns Alameda resident - Lucy Ferrer, named her choices- for .appointees who was paid $ • $150 to be featured to the commission from a, pool of as an extra in a disco scene. "It more than 50 people, officially get- seems like i � e all of Alameda was n Ling the panel off its feet. The that movie. Therefwere so many See FILMS, Page All extras." City Council Attachment 1 to Agenda Item #3 -B 07 -03 -07 ALAMEDA JOURNAL • /, 1. •.f, .... • „! , ..f:r� .. . �.. ,. /�f �:F:•r- ,c:.o:?�.•. ,•!r.!: <;r� :'r�:��:...:,f.- !�, /. -,.. ..f,,.;, :.' "::'::r.:.' -. •.rf/ . /..ice• . i ••::: / /...,,- ..! • '.5 - -.. •. �;i::!'::.;: .::..,.- :•.,.: :,. -..: ..,� ............. ..:� -:... .... •: •�..,:•::•r�!•,-!�.. r - ...... ,...... ..,`( ''�::;''J� %`r.... ..'-( -,. :• f: /..iii.:. •:. r.�r,:�•.:.;,;`•; �•.,.- S•�x..f ..5•i -r`.•'''r.. •:.: .., -. Films FROM PAGE Al appointees will be approved at the May 16 council, meeting. The commission will serve as a liaison to the film industry and be responsible for general pro- motion in the form of marketing and policy. "The purpose of the commis- sion is to make Alameda more of a destination for film and video- taping, as well as for what it can do for our local economy and pride," Russell said. Although city officials have not kept records of how much money was spent by film crews in the past, they estimate that in the future, it could mean millions of dollars circulating locally. Last year, crews brought in $150 mil- lion to the City of San Francisco, and Alameda officials think they could eventually bring in a pretty penny on a smaller scale. FRIDAY, MAY 5, 2006 .!•.:. "�'•y!•• -'•:.. • <c;:.. "iiry:;F= ;S.•::i;:, i:l:fJrf.;'f'f,,•;7f:��::' �' ;:..':•`.�;��:::'. r.x;r,ullF•,,.' {.,;: f�- ; >'r..ifrl�.,:r" �-�: i..:��f't; }f, rf; �::'i;,....:.r. +..: ...�. r,,: .,�r�: �:; r��. {: ,f:. :,.¢ %.., .;�- ....,, •'iJ$i / }�Hf Jr! /if,. .. :rf1 J ii�: f c,,., •�� r ':! � / f. r•:.: :r .. ,...,C :" .. -- .. .. Russell said the commission will create a comprehensive press package with photographs and a list of local businesses that can be used by crews. Some of the city's biggest assets which Russell hopes to promote are Alameda's coastline, the city's nostalgic rows of Victorian All ' FILE PHOTO ACTOR LAURENCE FISHBURNE in a scene from 2003's "The Matrix Reloaded." Many of the movie's freeway chase scenes were shot at Alameda Point, the former Alameda Naval Air Station. houses, the uniqueness of the bridges and tube and the former Alameda Naval Air Station, which has lots of old hangars perfect for a sound stage. "Our Victorians are drop -dead gorgeous, our tree -lined streets are beautiful and our shorelines look out over San Francisco," said Ken Dorrance, a film com- mission nominee and owner of the Video Station in Alameda. "We have probably more to offer on this little island than most of the cities in Northern California." Russell also said that increased exposure could also help Alameda tourism. She points to the recent film "Brokeback Moun- tain," which was filmed in Canada, but was "set" in Montana and Wyoming. Because of the film, she said, tourism in Mon- tana and Wyoming has increased. Alameda's efforts at luring movie, commercial and television production coincides with a statewide effort to bring the movies back to California and the United States. Many pictures are now filmed in Canada because its cheaper. But regardless of what kind of economic impact filming has on a city, the notion of Holly- wood woo d in Alameda appeals to a lot of people. Many Alamedans own a copy of "The Spirit of '76" simply because they are featured in the movie for a fleeting mo- ment. "The movie business is still the movie business," Dorrance said. "There's something magi- cal about it that gets people ex- cited. When there's filming in front of someone's house, that person gets giddy about it, and says, `wow, my house was in a movie!'" Reach Kimberly S. Wetzel at 510 -748 -1 659 or kwetzel@cc- times.com ■ City's film commission goes live with new Web site to promote Island as location for commercials and Hollywood features a is ready for its close -up By Jessica York CORRESPONDENT Alameda was, for a time, ,the hotspot to film movies in the years immediately following the closure of the Alameda Naval Air Station in 1997. Movie industry interest has cooled off a bit since then, ac- cording to information compiled by the Alameda Film Commis- sion, and that year -old volunteer- run group plans to keep indus- try awareness focused tightly on the Island. Once they know about it, film companies might just find Alameda irresistible, but not without the help of the city's res- idents and the group's new Web site, according to the commis- sion. 'We're trying to maximize on how great Alameda is for film- ing," said Commissioner Liam Gray. "We've just been sitting on this and waiting for people to come to us." Recently, the commission's Web site, www.filmalameda.com, was unanimously approved to go "live" to the public and allow res- idents to register their property as potential filming sites. Some final editing is currently -� :�• taking place, and the site should be up between the middle and end of January. The site offers commission services such as location scout- ing and research, permit facili- tation and liaison services among community, government, pro- duction companies and industry facilities and services. Commission members dis- cussed the importance of main- taining the privacy of residents who are listing their property on the Web site. "Everyone on this commission is an Alameda resident," said Sue Russell, the city's film Liaison. "We want to protect the quality of life here." Not only will the site promote some of the unique and beauti- ful locations on the Island, but it also works to prepare local res- idents for a filming on their prop- erty with a downloadable assis- tance guide. Commission member Teddy Tabor said during the group's meeting that existing city codes and permits are automatically in place to protect residents from being overwhelmed by a film production. The 11- member commission of local residents, which was first established by the city council at the beginning of 2006, is de- signed to facilitate economic de- velopment and civic pride in the community, according to Russell. Russell said the commission also aims to take away some of the standard barriers for film indus- try production, while remaining sensitive to the community's needs. "We're in our infancy, here," Russell said. "We're going to be involving the public more and more." Local residents may be sparked into a new appreciation of their surroundings upon see- ing some of the great locations that will be featured online, commission members said Wednesday. Other than the thrill of having a movie made in your own back yard, film productions also spend money locally while shooting, ac- cording to the commission. Nec- essary services such as food, lodging, prop supplies, labor, permitting and even local tourism mean a windfall for the host community. According to information pro- vided by the Los Angeles Eco- nomic Development Corporation, the filming of a commercial re- quires about $500,000, and a big budget feature film costs nearly $70 million to produce. Much of that money can easily go into the communities where the films are based. Russell said the commission will also promote shooting loca- tions for commercials, television shows and still photography shots. Reach Jessica York at alarnedanews@cctimes.com com The Alameda Journal, January 19, 2007 City Council Attachment 2 to Agenda Item #3 -B 07 -03 -07 The Alameda Journal, January 19, 2007 ter: i { � �, r „•i+ _ i� i • . � '+ . .r-. � y f �' .. FILM : a -. PRODUCTION .on the flight deck of the I SS� Hornet museum: in�- 2OO.6; UNAPPROVED MINUTES OF THE REGULAR CITY COUNCIL MEETING TUESDAY- -JUNE 19, 2007- -7 :30 P.M. Mayor Johnson convened the Regular Meeting at 7:52 p.m. ROLL CALL - Present: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. Absent: None. AGENDA CHANGES (07- ) Mayor Johnson announced that the Public Hearing to consider Certification [paragraph no. 07- ] would be continued to July 17, 2007. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS (07- ) Proclamation recognizing contributions to the City by gay and lesbian residents and encouraging the community to recognize these contributions, particularly during the month of June, Gay Pride Month. Mayor Johnson read and presented the proclamation to Salleyanne Monti. Ms. Monti thanked Council for the proclamation; stated Alameda is a great place to raise children regardless of individual beliefs; hopefully, a proclamation will not be needed in the future. Councilmember Matarrese requested that the Social Service Human Relations Board provide Council with a protocol recommendation for flying flags. Mayor Johnson stated the Pension Board is interested in having another flag pole. CONSENT CALENDAR Councilmember Matarrese moved approval of the Consent Calendar. Councilmember Matarrese stated he is interested in the 50% local match requirement outlined in the Resolution Authorizing the City Manager to Execute a Bicycle /Pedestrian Countywide Discretionary Program Grant Funding Agreement [paragraph no. *07- is Vice Mayor Tam seconded the motion, which carried by unanimous Regular Meeting Alameda City Council 1 June 19, 2007 voice vote -- 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *07- ) Minutes of the Special Joint City Council and Planning Board Meeting held on May 31, 2007; the Special and Regular City Council Meetings held on June 5, 2007; and the Special City Council Meeting held on June 6, 2007. Approved. ( *07- ) Ratified bills in the amount of $3,093,885.29. ( *O7- ) Recommendation to award Contract for Legal Advertising for Fiscal Year 2007-2008. Accepted. ( *07- ) Recommendation to approve an agreement with Ameresco Manteca, LLC for the purchase of power from Landfill Gas Generation for a twenty -year term at a fixed price of $73.25/MWH. Accepted. ( *07- ) Recommendation to accept and authorize recording Notices of Completion for the Bayport Fleet Industrial Supply Center (FISC )/East Housing Residential Phase 2 Public Backbone Infrastructure Improvements along Fifth Street and Stargell Avenue and the Storm and Sewer Trunkline Project. Accepted. ( *07- ) Recommendation to award Contract in the amount of $330,000, including contingencies, to Arborwell for pruning of City trees within the City of Alameda for the Fiscal Year ending June 30, 2008, No. P.W. 04- 07 -13. Accepted. ( *07- ) Recommendation to award Contact in the amount of $200,000, including contingencies, to Dowling Associates to update the Transportation Element of the General Plan and conduct an associated traffic and environmental Review. Accepted. ( *07- ) Resolution No. 14103, "Authorizing the Execution of a Grant Funding Agreement with Alameda County Transportation Authority, Committing the Necessary Match and Stating the Assurance to Complete the Project." Adopted. ( *07-- ) Resolution No.14104, "Approving Revised Memorandum of Understanding Between the Alameda Police officers Association Non - Sworn Unit and the City of Alameda for the Period Commencing December 24, 2006 and Ending December 19, 2009." Adopted. ( *07- ) Resolution No. 14105, "Approving Revised Executive Management Compensation Plan for the City Clerk, Assistant City Manager, Deputy City Manager, Human Resources Director and the Executive Management Team Established by Resolution 13545 and Amended by Resolutions 13626, 13689, 13977, 14008 and 14034, Regular Meeting Alameda City Council 2 June 19, 2007 Commencing June 24, 2007 and Ending June 20, 2009." Adopted. ( *07- ) Ordinance No. 2966, "Containing a Description of the Community Improvement Commission's Program to Acquire Real Property by Eminent Domain in the Alameda Point, Business and Waterfront, and West End Community Improvement Project Areas." Finally passed. ( *07- ) Public Hearing to consider Resolution No. 14106, "Approving Parcel Map PM06 -0002 to Allow the Division of an Existing 14,400 Square Foot Residential Lot into Four Parcels at 471 Pacific Avenue The property is Located in a R -4 -PD, Neighborhood Residential Planned Development Zoning District. Applicant: William De Mar." Adopted. REGULAR AGENDA ITEMS (07- ) Public Hearing to consider Certification of a Final Environmental Impact Report and approval of Northern Waterfront General Plan Amendment (GPA 07 -0002) and Citywide Childcare Policies: General Plan amendment to designate approximately 110 acres of northern waterfront industrially designated properties to a specified mixed -use designation and adopt certain general plan policies to guide the future development of the area, guide future development citywide, and guide decisions regarding childcare citywide. The Northern Waterfront project area is generally bounded by Sherman Street on the west, Buena Vista Avenue on the south, Grand Street on the east, and the Oakland /Alameda Estuary on the north; and (07- A) Adoption of Resolution Certifying the Final Environmental Impact Report for the Northern Waterfront General Plan Amendment (State Clearinghouse #2002102118) ; (07- B) Adoption of Resolution Making Findings Regarding Environmental Impacts and Mitigation Measures, Making Findings Concerning Alternatives, Adopting a Mitigation Monitoring and Reporting Program and Adopting a Statement of Overriding Considerations in Accordance With the California Environmental Quality Act for the Northern Waterfront and Child Care Policy General Plan Amendment (State Clearinghouse #2002102118); and (07- C) Adoption of Resolution Approving General Plan Amendment, GPA07- -0002: General Plan Amendments to: (A) Amend the General Plan Land Use Diagram to Change the Designation of Approximately 110 Acres Within the Northern Waterfront to Specified Mixed Use and Medium Density Residential, and (B) Amend Sections and Associated Tables of the General Plan. Continued to July 17, 2007. (07- ) Resolution No. 14107, "Authorizing the City Manager to Regular Meeting Alameda City Council June 19, 2007 3 Execute an Agreement to Allow the City of Alameda to Participate as a Member of the East Bay Regional Communications System Joint Powers Authority and Also Submit A Good Faith Payment Not to Exceed. $54,100 to Support Formation of the East Bay Regional Communications System." Adopted. The Interim Fire chief gave a brief presentation. Mayor Johnson stated that she is glad to see the matter moving forward; Senator Barbara Boxer is pleased that the region is forward thinking of forming the Joint Powers Authority; inquired whether most Alameda County cities would join. The Police Chief responded the majority have agreed to join; stated the City of Oakland and City of Berkeley have not responded. Mayor Johnson stated hopefully the City of Oakland and City of Berkeley would join; the Oakland Hills fire had some interoperability issues. Councilmember Matarrese inquired whether Alameda's estimated cost is based on 100% participation. The Interim Fire Chief responded the estimate is a wild guess; stated the estimate is based upon the expectation of some grant funding and long -term financing by the City. Councilmember Matarrese inquired whether the estimate assumes 100% participation of the cities within the region or is an estimate based on how many cities are presently involved. The Interim Fire Chief responded a backbone system is needed first; stated thirty -one cell sites are expected; fewer cell sites would be needed with less participation; a portion of the estimate is the City's cost for purchasing radio equipment; the estimate could change dramatically; the City is not obligated at this time. Councilmember Gilmore inquired what is the timeframe. The Police Chief responded the project is anticipated to have a five to seven year window; stated the early parts of the project are already in place; the key is to get the Joint Powers Authority up and running in order to apply for the funding. Mayor Johnson inquired whether Alameda was already interoperable with the County, to which the Interim Fire Chief responded the Fire Department is. Regular Meeting Alameda City Council June 19, 2007 4 Mayor Johnson inquired whether system upgrades were done six years ago. The Police Chief responded some upgrades occurred; stated the basic backbone system dates back to late 1992. Mayor Johnson stated hopefully interoperability will allow the entire County to communicate. The Interim Fire Chief stated the Fire Department Dispatch Center is at the Lawrence Livermore Laboratory; parts are harder to get to keep the system alive and well. Councilmember deHaan inquired whether the East Bay Regional Communication System hinges on the rest of California municipalities coming together; further inquired whether systems are in place in other regions. The Police Chief stated many Northern California agencies are in the same position of having systems at the end of the cycles and changes are needed; hopefully all nine Bay Area counties will develop a system to communicate with each other. Councilmember deHaan inquired whether Alameda's system would be able to be married with the rest of the upcoming systems. The Police Chief responded the system would be an open architecture system that would allow others to mesh as the system evolves. The Interim Fire Chief stated the Federal Communications Commission (FCC) requires setting aside certain talk groups with an 800 trunk system; he participated in setting up a similar system in Orange County. Vice Mayor Tam inquired how long it took for all cities to participate in a Joint Powers Authority in Orange County. The Interim Fire Chief responded initially, participation was for the Fire Service; stated the process took five or six years to become operational; expansion took seven or eight years for all City services. The City Manager stated the effort was huge; a lot of decisions need to be made along the way. Mayor Johnson inquired whether other cities have radio systems that would work with the regional system. Regular Meeting Alameda City Council June 19, 2007 5 The Interim Fire Chief responded Dallas and Florida have 800 trunk systems in place. Councilmember deHaan inquired whether 911 calls can be made on cell phones [and are directed to Police Dispatch]. The Police Chief responded there is good news on the E -911 system; Nextel lines are not up and running; the City is at the mercy of Nextel to make some technological changes; the City has done everything to be able to receive 911 calls. Councilmember deHaan inquired whether other cell carriers would be able to interface, to which the Police Chief responded in the affirmative. Mayor Johnson expressed condolences to the Police Chief on the loss of Lieutenant Cranford; requested that the Police Chief extend the City's condolences to the family. Councilmember deHaan moved adoption of the resolution. Councilmember Matarrese seconded the motion, which carried by unanimous voice vote 5. ORAL COMMUNICATIONS, NON- AGENDA (07- ) Michael John Torrey, Alameda, stated the Relay for Life event would take place on Saturday and Sunday; this week is Amateur Radio Week; today is the 73rd birthday of the Federal Communication Commission. (07- ) Cate Kuhne, Alameda, submitted handout; stated that she received an eviction notice for living in an illegal unit; documentation shows that the building has been a ten -unit apartment house since 1945; staff is choosing to ignore said fact; she has appealed the eviction and has been advised by City staff that she has no rights; requested Council to review and investigate the matter and to schedule and hold an administrative hearing by August 19, 2007. Mayor Johnson requested an Off- Agenda report on the matter. Councilmember deHaan requested staff to find out where the landlord is in the process. (07- ) Patrick Lynch, Alameda, stated the owner next to his property was required to file a deed restriction; the deed restriction was recorded eighteen months ago; construction began Regular Meeting Alameda City Council June 19, 2007 6 approximately six weeks ago; the owner was required to protect the Oak trees during construction; the owner has not taken any steps to protect the Oak trees; he does not see how the City can pass an inspection on the foundation since the recommended techniques were not used; the deed restriction requires that the landscaping be maintained in a weed free condition; the weeds are six feet tall; deed restrictions are an instrument that the Navy would like to use to transfer contaminated property to the City; the Navy will not be able to use a deed restriction to transfer property with residual contamination to the City if deed restriction requirements are not enforced by the City or complied with by the property owner. Mayor Johnson requested that staff review the matter. Councilmember deHaan requested an Off- Agenda report. COUNCIL COMMUNICATIONS (07- ) Consideration of Mayor's nominations for appointment to the Civil Service Board, Commission on Disability, Film Commission, Housing and Building Code Hearing and Appeals Board, Housing Commission, Library Board, Planning Board, Public Art Commission, and Social Service Human Relations Board. Mayor Johnson nominated Linda McHugh to the Civil Service Board; Jeannette L. Copperwaite, David Duf f in, Liam B. Gray, and Orin D. Green to the Film Commission; Steve R. Fort, Margaret Hakanson, Roberta Kreitz, Audrey Lord - Hausman, and John Robinson to the Commission on Disability Issues; Ronald Kahn to the Housing and Building Code Hearing and Appeals Board; Nancy Gormley, Senior Tenant Seat, to the Housing Commission; Marilyn Ezzy Ashcraft and Gina Mariani to the Planning Board; Katina Huston to the Public Art Commission; Mike Hartigan to the Library Board; Cathy Nielsen and Henry Villareal to the Social Service Human Relations Board. (07- ) Vice Mayor Tam stated that she attended the memorial service for Ed Dankworth; Mr. Dankworth served on the Social Service Human Relations Board and was very active in contributing to causes related to children, protection for seniors, and health care with Alameda Family Services; requested that the meeting be adjourned in his memory. Mayor Johnson stated she would like to include Lieutenant Cranford also. (07- ) Councilmember Matarrese requested that a resolution regarding the war in Iraq be placed on the second agenda in July under Council Communications for Council consideration. Regular Meeting Alameda City Council June 19, 2007 7 ADJOURNMENT (07- ) There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:32 p.m. in a moment of silence in honor of Lieutenant Cranford and Ed Dankworth. RECONVENED Mayor Johnson reconvened the regular meeting at 8:33 p.m. to consider the resolution appointing Bill Sonneman. REGULAR AGENDA ITEM (07- ) Resolution No. 14108, "Appointing Bill Sonneman as a Member of the City Recreation and Park Commission." Adopted. Councilmember Matarrese moved adoption of the resolution. Vice Mayor Tam seconded the motion, which carried by unanimous voice vote - 5. ADJOURNMENT (07- ) There being no further business, Mayor Johnson adjourned the Regular Meeting at 8:34 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Brown Act. Regular Meeting Alameda City Council June 19, 2007 8 UNAPPROVED MINUTES OF THE SPECIAL JOINT CITY COUNCIL, ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (ARRA), AND COMMUNITY IMPROVEMENT COMMISSION (CIC) MEETING TUESDAY- -JUNE 19, 2007- -7:31 P.M. Chair Johnson convened the Special Joint Meeting at 8:33 p.m. ROLL CALL -- Present: Councilmembers /Board Members /Commissioners deHaan, Gilmore, Matarrese, Tam and Mayor/Chair Johnson - 5. Absent: None. CONSENT Councilmember/Commissioner Matarrese moved approval of the Consent Calendar. Councilmember /Commissioner deHaan seconded the motion, which carried by unanimous voice vote - 5. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.] ( *07_ CC/ *07- CIC) Recommendation to approve the Fiscal Year 2007 -2008 Operating and Capital Improvement Budget for the Bayport Project. Accepted. Councilmember /Commissioner Matarrese moved approval of the staff recommendation. Councilmember/Commissioner deHaan seconded the motion, which carried by unanimous voice vote -- 5. AGENDA ITEMS (07- CC/07- CIO) Public Hearing to review and approve development of affordable rental housing at Island High as an eligible use of the District Housing Fund. The Development Services Director gave a brief presentation. Councilmember /Commissisoner Matarrese inquired whether preference points would be given to School District employees and teachers. The Development Services Director responded that [giving preference points] is anticipated; stated housing would be made available on a first -come first - -serve basis; units would not be reserved. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 1 Councilmember /Commissioner Matarrese inquired whether not reserving units is required by law or policy. The Development Services Director responded probably policy; stated units need to be occupied. Mayor/Chair Johnson inquired what would be the qualifying income level. The Development Services Director responded 80% of the median and below. Mayor/Chair inquired whether a teacher would qualify. The Development Services Director responded an entry level teacher would not; stated part -time teachers and some staff would qualify. Mayor /Chair Johnson stated the School District has been looking for ways to provide affordable housing for staff; inquired whether a second tier could be created for City employees if enough School District employees do not qualify. The Development Services Director responded staff has not looked into the matter; stated that she has not seen it [tiering] done in other communities; other communities give preference to Police, Fire, and school teachers. Councilmember/Commissioner Matarrese inquired whether a legal prohibition exists, to which the City Attorney responded in the negative. Councilmember /Commissioner deHaan stated preference points are given to Alameda residents. The Development Services Director stated preference points are given to people who live and work in the City. Councilmember/Commissioner Matarrese moved approval of the staff recommendation with the condition that affordable housing be offered to School District employees first and City employees next. Vice Mayor/Commissioner Tam seconded the motion, which carried by unanimous voice vote - 5. (07- CC) Resolution No. 14019, "Approving and Adopting the Operating Budget and Capital Improvements and Appropriating Certain Special Joint Meeting 2 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 Moneys for the Expenditures Provided in Fiscal Year 2007 -08." Adopted; ARRA Resolution No. 41, "Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08." Adopted; (07- CIC) CIC Resolution No. 07 -150, "Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08." Adopted; (07- A CC) Resolution No. 14110, "Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business. Travel." Adopted; and (07- B CC) Recommendation to authorize the City Manager to negotiate a Grant Agreement between the City of Alameda and the Alameda Historical Museum. The City Manager /Executive Director gave a brief presentation. Mayor /Chair Johnson stated residents have experienced sewage backups because of tree roots; the Public Works Department handles the issue well; inquired whether a long -term plan is in place. The Public Works Director responded a long -term plan is being developed; stated Council approved three $400,000 Contracts to start video taping sewer lines and storm drains; the City's Sewer Lateral ordinance requires sewer lateral testing before a house is sold. Councilmember /Board Member/Commissioner deHaan inquired whether a reserve fund has been established; stated expenditures are lower than revenue. The Public Works Director responded in the affirmative; stated money is being held back to complete the Master Plan; $2 to $3 million will be spent on capital construction projects annually; the total budget includes the costs associated with infrastructure. The City Manager /Executive Director stated the Sewer Service Fund is $40 million. [Tice Mayor /Board Member/Commissioner Tam stated Public Works staff was extremely responsive when she had a sewer backup on her street. Mayor /Chair Johnson stated Council approved the Turf Management Plan; inquired whether adequate resources are available to continue Special Joint Meeting 3 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 the Plan, to which the Recreation and Parks Director responded another five sites are scheduled for Fiscal Year 207-2008. Mayor /Chair Johnson stated the parks look great. Councilmember/Board Member/Commissioner Gilmore thanked the Interim Golf Complex General Manager, staff and Golf Commission for all the hard work in turning around the Golf budget; stated she looks forward to reading the Consultant's report. Councilmember/Board Member /Commissioner deHaan stated unfunded capital projects would need to be address in the next year or two at the Golf Complex. The Interim Golf Complex General Manager stated staff will be reviewing the matter at mid -year. Councilmember/Board Member/Commissioner deHaan inquired whether a date has been set for unfunded projects. The City Manager/Executive Director stated staff continues to look into funding sources and grants. Councilmember/Board Member /Commissioner Matarrese stated the budget is very clear; requested the City Manager/Executive Director to comment on whether staffing is adequate for Police Sworn Officers, Firefighters, and the Library. The City Manager /Executive Director outlined the approved workforce changes on page seven of the budget report; stated safety services are being monitored; the Library has been provided with $50,000 for part -time employees. Councilmember /Board Member /Commissioner Gilmore stated the Library has adequate staffing for the size of the building; Council was hoping to look at ways to extend hours. The City Manager /Executive Director stated Library hours have not increased. Councilmember /Board Member/Commissioner Gilmore inquired whether more staff would be needed if hours were increased, to which the City Manager /Executive Director responded in the affirmative. Councilmember /Board Member /Commissioner Gilmore stated she would like the issue pursued in the next budget cycle. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 4 Mayor/Chair Johnson inquired how many nights per week the Main Library is open. The Library Director responded two nights; stated each branch is open two nights a week; Thursday and Friday are the only nights a library is not open. Councilmember /Board Member /Commissioner deHaan inquired when the Main Library closes. The Library Director responded 9:00 p.m. on Monday and Wednesday; stated more full -time staff would be needed for additional hours; statistics are being reviewed to determine the busiest times; staff is reviewing the possibility of opening a half hour later so that the Main Library could be open later in the evening. Councilmember /Board Member/Commissioner Gilmore stated branch libraries perform different functions than the Main Library; people like to use the Main Library because of the computers; suggested increasing the Main Library's evening hours and reducing the branch library hours. The Library Director stated staff is reviewing statistics for all three locations. Mayor /Chair Johnson stated branch libraries are used differently; it is important to have the Main Library open as many evenings as possible. Councilmember/Board Member/Commissioner deHaan inquired whether Alameda Power and Telecom (AP&T) has already reduced staff by eight. The AP &T General Manager responded one layoff occurred this year; stated the remainder of the positions would be eliminated at the end of the current fiscal year. Councilmember /Board Member/Commissioner deHaan inquired whether further reductions are anticipated. The AP &T General Manager responded not currently; stated stabilization is the main focus. Councilmember/Board Member/Commissioner deHaan inquired how many telecom employees there are, to which the AP &T General Manager responded twenty - three. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 5 Councilmember/Board Member/Commissioner deHaan stated the telecom side has somewhat of a balanced budget; inquired whether re-bonding is anticipated in 2009 to take care of long -term financial requirements. The AP &T General Manager responded the matter is yet to be determined and would be brought to the Public Utilities Board (PUB) in the coming months; stated the PUB discussed issues not included in the current budget, such as voice services, as an additional revenue stream. Councilmember/Board Member /Commissioner deHaan inquired whether customer base is increasing. The AP &T General Manager responded in the negative; stated that AP &T has lost an average of 30 customers per month for the last seven months. Councilmember /Board Member/Commissioner deHaan stated a $2 to $2.5 million revenue stream would be needed for re-bonding; inquired whether adjustments or increased revenue would be needed next year. The AP &T General Manager responded refinancing and additional revenue issues would be brought to the PUB. Councilmember/Board Member /Commissioner deHaan inquired whether said issues would need to start in 2008, to which the AP &T General Manager responded in the affirmative. Councilmember/Board Member /Commissioner deHaan stated draw downs were made on [General Fund] reserves in support of the infrastructure; inquired whether the new budget [General Fund reserve level] would be back up to 22%. The City Manager /Executive Director responded estimates are 22% of expenditures and would be subject to mid -year review and potential appropriations by Council. Councilmember/Board Member /Commissioner deHaan inquired whether infrastructure catchup work is anticipated in the proposed budget. The City Manager/Executive Director responded $2.2 million per year is estimated; funds are currently at $1.73 million; the balance would be reviewed at mid-year. Vice Mayor /Board Member /Commissioner Tam inquired whether some capital improvement funds could be used for the Meyers House to Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 make the facility more available to the City. The Recreation and Park Director responded the Meyers House is partially funded through a trust fund established by the Meyers family; stated the Recreation and Park Department subsidizes approximately $20,000 to $25,000 per year for the upkeep to the grounds and house. Mayor/Chair Johnson stated eventually roof repair would need to be done. The Recreation and Park Director stated a long-term plan needs to be developed. Mayor /Chair Johnson stated that she was on the Planning Board when the City Council accepted the Meyers House; a condition was that the Meyers House would not cost the City money. Vice Mayor /Board Member /Commissioner Tam inquired what is the maintenance cost, to which the Recreation and Park Director responded $50,000 to $60,000 per year. Vice Mayor/Board Member / Commisioner Tam inquired whether the City is subsidizing over half of the cost, to which the Recreation and Park Director responded in the affirmative. Councilmember/Board Member /Commissioner Gilmore stated previous discussions addressed not using the grounds more because of the lack of restrooms. The Recreation and Park Director stated no outdoor restroom facilities are available; the Meyers House is in the middle of a residential neighborhood; rentals take place a couple of times a year for wedding ceremonies and teas; parking is limited. Mayor/Chair Johnson stated residents are subsidizing the Meyers House; it is important to find a way for residents to enjoy the facility. Vice Mayor /Board Member /Commissioner Tam inquired what are the hours of operation. The Recreation and Park Director responded the facility is open one Saturday per month for tours; stated special tours can be scheduled; the gardens are open on a daily basis. Councilmember/Board Member/Commissioner deHaan inquired whether the Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 7 endowment goes up every year. The Recreation and Park Director responded the endowment depends on the performance of the trust. Councilmember /Board Member/Commissioner deHaan inquired whether the endowment is keeping up with expenses, to which the Recreation and Park Director responded in the negative. Mayor/Chair Johnson inquired what are trust provisions; further inquired whether the facility could revert back to the trust. The Recreation and Park Director responded the original will requires that the house be used as a museum; stated the facility could revert back to the trust if said stipulation was not met. Mayor/Chair Johnson requested an Off-Agenda report on whether renegotiating the trust would make sense; stated it is important to protect the City and not to use taxpayer's money on an asset that could revert back to the trust. Councilmember /Board Member /Commissioner deHaan inquired whether other Meyers properties are tied to the same trust, to which the Recreation and Park Director responded in the affirmative. Mayor/Chair Johnson stated assets should be sold to support other trust properties if properties are doing poorly. Vice Mayor /Board Member/Commissioner Tam inquired whether there is a possibility of increasing hours of operation. The Recreation and Park Director responded the matter could be reviewed; stated staffing levels are a concern. Councilmember/Board Member/Commissioner deHaan inquired when the $2.2 million AP &T and $5 million ARRA General Fund loans are due; further inquired whether other loans are outstanding. The City Manager/Executive Director responded other loans are not outstanding; stated an Off-Agenda report would be provided on when referenced loans are due. Mayor Johnson requested an overview on the $50,000 line item [100 Alameda Museum rent subsidy cut]. The City Manager gave a brief overview. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 8 Mayor Johnson inquired whether $41,000 would be set aside for the Museum this year and $50,000 would be available for cultural organizations next year. The City Manager responded $50,000 would be available for cultural organizations every year, but the bulk would be dedicated to the Alameda Museum. Mayor Johnson inquired whether Council would determine how the $50,000 would be allocated. The City Manager responded the recommendation is that a portion of the $50,000 goes to the Alameda Museum. Mayor Johnson stated that she recalls that the City started paying Museum rent in 1999, not 1991; the allocation was an emergency issue because the Museum was facing potential loss of the facility. The City Manager stated records are incomplete; 1991 was when the Museum moved to the Masonic Building. Diane Coler -Dark, Alameda Museum, stated problems existed with funding and the Museum; all conditions were met on the Court order; Council reinstated the funding that was temporarily withheld for six months; a minor rent increase occurred and Council agreed to meet the rent increase. Robbie Dileo, Alameda Museum, stated the Museum was evicted from a 100 -year lease and moved from Oak Street; the Museum moved to the Masonic Building; funding was suspended for six months and reinstated; a rent increase occurred in 2001; now the Museum is faced with a rent increase. Vice Mayor Tam stated records indicate that Council authorized funding in Fiscal Year 1999 -2000 for $38,400; amounts under $75,000 are within the City Manager's authority; inquired whether Council made an appropriation for the Museum since 1999. Ms. Dileo responded the Museum has not had to come to Council every two years to request the rent subsidy. Vice Mayor Tam stated there was no written agreement; inquired whether the Museum provides documentation regarding use, artifact inventory, etc. throughout the subsidy period, to which Ms. Dileo responded documentation is provided only upon request. Vice Mayor Tam inquired whether City funding was an automatic Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 9 expectation every year. Ms. Dileo responded the funding was coupled with the Masonic lease. Vice Mayor Tam inquired whether the rent has stayed the same since 2000 except for the past year, to which Ms. Dileo responded in the affirmative. Councilmember deHaan inquired whether the Oak Street site was the Carnegie Library. Ms. Dileo responded the Museum was in the Carnegie Library basement rent free for 30 years; the Museum moved to the Recreation and Park Department site on Oak Street; improvements were made totaling $60,000 because the Museum was under the impression that the 99- year lease was iron clad; the City no longer had a place for the Museum; the Masons are also a non - profit organization; the rent was reasonable at 76 cents per square foot; now the rent is $1.76 per square foot. Councilmember deHaan inquired whether the Mason lease is a five - year term. Ms. Dileo responded the lease is for two years; the President advised that the Museum could sign a new, three -year lease. Mayor Johnson inquired which facility had the 99 -year lease, to which Ms. Dileo responded 1327 Oak Street. Mayor Johnson stated the site is not city property; the lease was not with the City. Ms. Coler -Dark stated the City negotiated the lease to the best of her knowledge. Councilmember deHaan stated a relationship must have existed because the Recreation and Park Department took over the site. Mayor Johnson stated the City was evicted from the site by the School District. The City Manager stated the Museum allocation was identified in the budget every year; it is important to have an agreement for the terms and conditions. Mayor Johnson called the speakers. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 10 (Opponents (Not in favor of a 10% Museum rent subsidy cut) : George Gunn, Alameda; Nancy Anderson, Alameda; Nancy Hird, Alameda; Nancy Gordon, Alameda; Diane Coler -Dark; Alameda Museum; Philip A. Grauean, Alameda; Donna Grauem, Alameda; Chuck Millar, Alameda Museum; Birgitt Evans, Alameda; Robbie Dileo, Alameda; Christopher Buckley, Alameda; Ross Dileo, Alameda; Adam Hohun, Alameda. Mayor Johnson inquired how much revenue is collected through donations. Ms. Coler -Dark stated donations vary; home tours generate $8,000 to $12,000; the gift shop is successful. Ms. Dileo stated revenue is collected through estate sales. Mayor Johnson inquired how much money is received from donations. Ms. Coler-Dark responded the amount of donations vary greatly; stated an endowment was received from the Stafford family; extra money is placed in Certificates of Deposits; the principle will be used to pay for the rent increase. Mayor Johnson inquired how much money is received in donations on an average or annually basis. Ms. Dileo responded some years donations amount to $4,000, other years $12,000. Vice Mayor Tam inquired how donations are solicited. Ms. Coler-Dark responded members walk the neighborhoods and leave flyers on porches; stated a massive membership drive has been directed to past members. Vice Mayor Tam inquired whether Board Members are required to make contributions beyond time. Ms. Coler -Dark responded Board Members make significant contributions; stated all Board Members are due paying members and contribute to special projects. Councilmember Gilmore inquired whether solicitations are sent to major employers in the City. Ms. Coler -Dark responded said solicitations were tried; nothing was received. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 11 Ms. Dileo stated a big corporate effort has not been made because a great amount of time has been given to special exhibits and flood repair; past solicitation efforts have not been successful. Mayor Johnson stated that she received a Meyers House brochure; the brochure contained a membership form but no request for solicitation. Councilmember Gilmore stated that requests for solicitation should be included in mailers. Councilmember Matarrese stated that he is supportive of a Cultural Arts Program; the City has a Public Arts Fund with a balance of $42,789; developers are required to either provide Public Art or pay in lieu fees; 25% is available for programs; $10,000 could be used for something other than public art and has not been dispersed; seeds are there for a Cultural Arts Program; the City should financially support the Museum; he would support keeping the current level of the Museum's subsidy; a 10% cut would cause the Museum to go away; the Museum needs help; there should be a condition requiring the establishment of a business plan that has an aggressive fundraising plan. Mayor Johnson stated that the City could help by offering a donation match; other non - profit organizations are in need of funding also; the Museum has very little money in donations. Councilmember Gilmore stated Museum support is important; an agreement is needed going forward; the Museum needs a business and fundraising plan for long-term issues; the Museum occupies a space that could be a retail space; rents will go up as Park Street improves; the City can help with providing resources for the business and fundraising plan and with finding another space; the City is not asking the Museum to do anything different than other non - profits; museums should pull resources together for a fundraiser and split the proceeds; the Museum needs to approach the operation more like a business; long -term strategic planning is needed; the City has an obligation to other arts and cultural groups also; the City did not pay rent for the months that the Museum was closed due to a flood; suggested that the City apply the rent savings to the budget cut for the year going forward. Councilmember deHaan stated that the Museum was not operational during the flood situation and did not receive funding; all departments were making cuts in Fiscal Year 2004 -2005; the 1O% cut is not relevant at this time; the Museum and community arts bring a value to the City but have two different missions; he finds it Special Joint Meeting 12 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 bizarre to get caught up in a $50,000 line item; the Cultural Arts have needs like everyone else; $4,600 is not going to make or break the City; the City needs to work with all entities. Mayor Johnson stated the Alameda Civic Light Opera (ACLO) has not requested assistance in the past; the Public Arts Fund is an annual accumulation. Councilmember Matarrese stated the City has never allocated any money from the Public Arts Fund; the Fund has been growing for the past four years; a number of development activities will contribute to the Fund. Blake Brydon, ACLO Vice President, stated ACLO supports the Alameda Museum; all arts organizations need to work together; he likes the idea of having money for the Museum and having a separate line item for the Cultural Arts; every arts organization should be able to apply for a grant every year; equity is needed between organizations; ACLO is constantly fundraising; equity is needed among the various organizations; approximately $80,000 is raised through fundraising events and another $40,000 is received from general donations. Mayor Johnson inquired how many hours volunteers contribute. Teddy Tabor, ACLO, responded that she would not be able to count the number of hours; stated ACLO has a paid Director this year; solicitation efforts are necessary. Councilmember Gilmore stated solicitations raise community awareness. Councilmember deHaan stated the Kaufman Auditorium was one day away from a wrecking ball and would have been a major loss; urged the Museum to look to corporate donors; $50,000 could be allocated to the Museum and another line item could be established for Cultural Arts; everyone should be supportive of one another. Mayor Johnson stated the Museum Board needs to show that businesses benefit from making donations to the Museum; ACLO convinces businesses that support makes sense. Councilmember Matarrese stated a condition should be to have a written agreement with the Museum and the City that includes liability issues and a component for escalating the contribution as a matching vehicle going forward. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 13 The City Manager stated the City has been working on an agreement with the exception of the matching component. Councilmember Matarrese stated that he does not support a cut in the existing allocation; a gap exists between the rent and the City's practice of paying the entire rent and the existing allocation; there should be some type of matching incentive to close the gap; a rent increase is guaranteed; a second condition should be to establish a business and fundraising plan. Councilmember deHaan stated the matter might not be resolved tonight. Councilmember Matarrese stated the budget resolutions should be adopted with the conditions that the Museum allocation not be reduced, the City establish a Cultural Arts Program with the difference, the Museum and the City come to a written agreement that would include the escalator to help close the gap with the matching fund, and that the Museum must have a business and fundraising plan within the next quarter. Mayor Johnson stated other arts organizations should have an annual budget amount that they can apply for on a grant basis; the City needs to support other organizations; City support should be on a matching grant basis. Councilmember deHaan requested clarification on whether Mayor Johnson is recommending not reducing the amount by 10% and the delta for rent would include $14,000 as a match. Mayor Johnson stated that she would recommend a 100 reduction and allow the Museum to earn another 100 to 20% on a matching basis. The City Manager stated the match could take up the entire $50,000. Councilmember Matarrese stated that the accumulated Public Arts Fund can be for public art as well as for programs; the two -year budget cycle did not anticipate a 100 cut for the Museum subsidy; the cycle can be finished out and $50,000 can be added for a Cultural Arts Program; $42,700 is already budgeted. Vice Mayor Tam inquired whether Councilmember Matarrese is recommending adding $50,000 to what is being proposed tonight. Councilmember Matarrese responded that $8,000 is needed to fund a $50,000 Cultural Arts Program; $50,000 would be in the Museum fund; $46,000 is currently allocated for the Museum; $4,000 is the match Special Joint Meeting 14 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 for this cycle to close the Museum rent gap. The City Manager stated $7,500 was saved by not paying two months rent and could apply to the $8,000 needed [for the Cultural Arts Program]. Mayor Johnson inquired whether using the $42,000 [for the Cultural Arts Program] conflicts with the Public Arts ordinance. The City Manager responded staff would come back to Council outlining obstacles; funding sources would need to be identified. Mayor Johnson stated funding should be made available to other non- profits. Councilmember Matarrese stated a written agreement with the Museum should include all liability and insurance requirements and completion of a business and fundraising plan within a quarter. The City Manager clarified that the [Museum] grant would be for $46,000 with a total cap of $50,000 with matching donations. Mayor Johnson stated performance measures should be implemented. Vice Mayor Tam stated modified the recommendation should include that the Museum provide a annual performance report. Councilmember deHaan inquired why the $7,500 in unpaid rent would not be part of the over and above [funding for the Museum] . The City Manager responded the $7,500 would be applied to the matching grant for the other arts groups; stated the Museum would need to raise $4,000 as a match. Councilmember Gilmore stated the grant application process should be done on a two-year cycle; she has no problem with funding the Museum; she has a problem with escalating rent; she does not want to be in the same situation when the lease comes up in two years; the City needs to help the Museum if funding raising is not enough to cover a projected rent increase; the City is spending approximately $80,000 on the Museum and Meyers House; the Meyers is an issue because it is a deteriorating asset; the City needs to set aside a reserve fund to take care of issues or consider reverting back to the trust. Councilmember deHaan concurred with Councilmember Gilmore; stated the Recreation and Park Department has taken on another burden; the Special Joint Meeting 15 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 Meyers House funding needs to be reviewed. Mayor Johnson requested that the Museum agreement come back to Council. Councilmember/Board Member /Commissioner Matarrese moved adoption of ARRA Resolution Approving and Adopting the operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08; the CIC Resolution Approving and Adopting the Operating Budget and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007 -08; and the City Council Resolution Approving and Adopting the Operating Budget and Capital Improvements and Appropriating Certain Moneys for the Expenditures Provided in Fiscal Year 2007-08, with maintaining the rent level for the museum. Councilmember/Board Member /Commissioner Gilmore seconded motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved adoption of the Resolution Establishing Guidelines for Reimbursement of Per Diem Allowance for City of Alameda Business Travel. Councilmember Gilmore seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved approval of pursuing an agreement with the Alameda Museum including the abililty to match funds to the full amount of the line item [$50,000], and the requirement that the Museum establish a business plan, fund raising plan, performance standards, and performance report. Mayor Johnson requested that the motion be amended to require that the business plan include reviewing the location issue and that the plan be for a two -year cycle. Councilmember Matarrese clarified that the agreement details should include all the liabilities and necessary City requirements; the business plan details should look at the horizon of the lifespan details of the current location as well as future location. Mr. Gunn stated the Museum Board is willing to look at any proposed location. Mayor Johnson stated the City will help, but the Museum needs to plan for the future. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 16 Mr. Gunn stated the Museum is not allowed to have the building [Carnegie Building]. Mayor Johnson inquired how much money the Museum has for a new site. Ms. Dileo responded over $100,000. Councilmember Matarrese stated there is a motion on the floor regarding going forward with the agreement with the Museum. Councilmember deHaan seconded the motion, which carried by unanimous voice vote - 5. Councilmember Matarrese moved approval of staff reviewing the Public Arts Fund and its applicability to a fund that would total $50,000 and would be available through a grant process for Cultural Art activities in the City. Councilmember Gilmore stated a caveat to the motion would be to ensure that the grant process is on a two -year cycle; requested that staff review the Meyer House issue. Mayor Johnson stated Council would like to have the money available soon; she would hope to be in a position of assessing applications in three months. Councilmember deHaan seconded motion, which carried by unanimous voice vote - 5. Councilmember Gilmore stated staff has been given direction to review the Meyers House issue; she does not want the issue forgotten. Mayor Johnson stated the responsibility for the Meyers House was given to the Recreation and Park Department budget without funding. Councilmember deHaan inquired whether Development Services could support some of the funding and training [for the Cultural Arts Program] since the issue is related to economic development activity; requested staff to review the matter; further stated a shuttle service was discussed for the Fleet Industrial Supply Center (FISC) property; it is important to set up the dynamics within the City to be able to transport individuals, particularly seniors, to shopping centers; the matter should be addressed in future development agreements, such as Alameda Point and the Northern Waterfront; he would like to have a commitment from the Special Joint Meeting 17 Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 FISC property developer; stated San Leandro's program was intitated with Measure B funding; requested that staff review San Leandro's program. ADJOURNMENT There being no further business, Chair Johnson adjourned the Special Joint Meeting at 11:31 p.m. Respectfully submitted, Lara Weisiger, City Clerk Secretary, Community Improvement Commission The agenda for this meeting was posted in accordance with the Brown Act. Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission June 19, 2007 18 June 28, 2007 Honorable Mayor and Councilmembers: This is to certify that the claims listed on the check register and shown below have been approved by the proper officials and, in my opinion, represent fair and just charges against 1 g g nst #h® City in accordance with their respective amounts as indicated thereon. Check Numbers Amount 160453 - 160900 EFT 368 EFT 369 EFT 370 EFT371 EFT372 EFT 373 Void Checks: $3,359,754.08 $623,765.55 $69,307.28 $26,474.79 $12,943.50 $108,258.35 $189,190.00 158388 159919 ($470.00) 160468 ($500.00) ($8,754.37) GRAND TOTAL $4,379,969.18 Respectfully submitted, Pamela J. Sible BILLS #4 -B Council Warrants 07/03/07 7/3/2007 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Approve the Extension of the Lease with E- Z- Go/Textron Financial Corporation for One Hundred Twenty Electric Golf Carts for Rental Use at the Chuck Corica Golf Complex BACKGROUND The E- Z- Go/Textron Financial Corporation provides a fleet of 150 electric rental golf carts to the Chuck Corica Golf Complex under the terms of a lease signed in 2004. The lease expires on July 15, 2007. The present fleet has experienced significant use over the past three years and needs to be replaced. DISCUSSION The existing fleet of electric rental golf carts has proven to be reliable and efficient. Both patrons and staff have expressed an interest in continuing to utilize E -Z -GO as the golf cart vendor for the rental fleet. Staff has had a number of discussions with representatives from E- Z- Go/Textron regarding the extension of the lease for a four - year period. Additionally, in order to achieve a more efficient use of the fleet, staff has determined that the total number of units could be reduced from the current level of 150 to 120. BUDGET CONSIDERATION /FINANCIAL IMPACT Under the current lease, the Golf Complex pays $110,430 annually to lease 150 golf carts. The proposed new lease will cost $449,703 over four years, or $112,420 per year, for 120 golf carts. By reducing the total number of carts leased, E- Z- Go/Textron will provide the Golf Complex with new 2007 carts, allowing the expenditures to stay within the budget. The actual revenue from the rental of golf carts for Fiscal Year 2000- 2007 through May 31, 2007, is $440,539. There is $112,500 for the lease included in the Golf Complex Budget for Fiscal Year 2007 -2008. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. City Council Agenda Item #4 -C 07 -03 -07 Honorable Mayor and Members of the City Council RECOMMENDATION July 3, 2007 Page 2 of 2 Approve the extension of the lease with E- Z- Go/Textron Financial Corporation for the lease of 120 golf carts for rental use at the Chuck Corica Golf Complex in the amount of $449,703. Respectfully submitted, (tIC A _- Dale Lillard Interim General Manager, Golf Complex CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Allocate $58,665 in Measure B Funds and Award Contract in the Amount of $,1 1,468, Including Contingencies, to William P. Young Construction for Ballena Bay Bridge Seismic Retrofit Project, No. P.W. 05 -00 -09 BACKGROUND On May 1, 2007, the City Council adopted plans and specifications and authorized a call for bids for the Ballena Bay Bridge seismic retrofit project, pending Federal authorization. Authorization to bid from the Federal Highway Administration (FHWA) was granted May 18, 2007, and the project was advertised the following business day. This project is designed to retrofit the bridge on Ballena Boulevard to meet current seismic standards recommended by Caltrans. DISCUSSION To solicit the maximum number of bids and the most competitive price, specifications were provided to 18 separate building exchanges throughout the Bay Area. In addition, a notice of bid was published in the Alameda Journal. Bids were opened on June 19, 2007. A total of five contractors submitted bids. The list of bidders from lowest to highest for total project cost is as follows: Bidder City Bid Amount William P. Young Construction San Leandro $483,965 Vortex Marine Construction Oakland $497,602 Power Engineering Construction Alameda $559,901 Valentine Corporation San Rafael $569,369 Bugler Construction Fremont $779,354 With a total bid of $483,965, William P. Young Construction submitted the lowest qualified bid. A copy of the contract is on file in the City Clerk's office. City Council Agenda Item #4 -D 07 -03 -07 Honorable Mayor and Members of the City Council BUDGET CONSIDERATION /FINANCIAL IMPACT July 3, 2007 Page 2 of 2 This project is funded under CIP# 99 -03, with $452,083 available from the Federal Highway Bridge Rehabilitation Fund. An additional $58,665 is programmed in State Local Seismic Safety Retrofit Project ( LSSRP) bond funds, but that funding is currently pending authorization by the California Transportation Commission (CTC). To meet federal funding deadlines and the proposed construction schedule, an allocation of $58,665 is requested from Measure B to meet the 11.47% matching fund requirement. If the CTC authorizes the LSSRP bond funding at its July 2007 meeting, no Measure B funds will be needed. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15301(d) - Existing Facilities. The project has also received a Categorical Exclusion in accordance with the National, Environmental Protection Act of 1969 (NEPA). RECOMMENDATION Allocate $58,665 in Measure B funds and award contract in the amount of $51 1 ,468, including contingencies, to William P. Young Construction for Ballena Bay Bridge seismic retrofit project, No. P.W. 05- 00 -09. Respectfujy submitted, Matthew T. Naclerio Public Works Director - Qu�us, -pCt By: Laurie Kozisekbl c� Associate Civil Engineer MTN:LK:gc CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Accept the Work of Ghilotti Brothers for the Fernside Boulevard Pedestrian Access Improvements Near Lincoln Middle School (Safe Routes to School), No. P.W. 11 -02 -15 BACKGROUND on March 21, 2006, the City Council adopted plans and specifications and authorized a call for bids for the Fernside Boulevard pedestrian access improvements near Lincoln Middle School (Safe Routes to School), No. P.W. 11- 02 -15. On June 6, 2006, the City Council awarded a contract in the amount of $043,779, including contingencies, to Ghilotti Brothers. DISCUSSION The project has been completed in accordance with the plans and specifications and is acceptable to the Public Works Department. The contractor constructed landscape planters, installed in- pavement lights, installed bike lanes, eliminated a raised island and free right -hand turn, and resurfaced Fernside Boulevard from Encinal Avenue to Washington Street. The City issued six extra work orders to install additional irrigation sleeves, a new signal pole with longer mast arm and signal heads, additional striping, school area signage, pavement markers to meet new Manual of Uniform Traffic Control Devices requirements, advance temporary warning signs, additional grading, and traffic loops. The extra work orders were paid from the project contingencies. The final project cost is $040,374. Acceptance of the work was postponed due to delays in getting replacement parts for the in- pavement lights. BUDGET CONSIDERATION /FINANCIAL IMPACT Funding for the project is budgeted under CI P# 02 -98, using a Safe Route to Schools grant, Measure B funds, Transportation Development Act (TDA) monies, and Urban Runoff fees. City Council Agenda Item #4 -E 07 -03 -07 Honorable Mayor and Members of the City Council MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVIEW July 3, 2007 Page 2 of 2 In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15301(c), Existing Facilities. RECOMMENDATION Accept the work of Ghilotti Brothers for the Fernside Boulevard pedestrian access improvements near Lincoln Middle School (Safe Routes to Schools), No. P.W. 11-02-15. Respec lly ubmitted, Matthew T. Naclerio Public Works Director lak By: Wali Waziri c/Q-- Associate Civil Engineer MTN:WW:gc cc: Alameda Unified School District CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Adopt Plans and Specifications and Authorize a Call for Bids for the Grand Street Sewer Pump Station, No. P.W. No. 04 -07 -16 BAC KRO U N D in the 1960's, the City installed a sewer system within an easement at 701 Grand Street and along the north side of the South Shore Lagoon. Based on a recent assessment, the portion of the sewer pipe that is supported on the sea wall between Grand Street and the Paru Street lift station needs to be replaced. DISCUSSION Due to the proximity of the sewer pipe to the lagoon, staff proposes to reroute the new sewer line. The proposed project consists of the following elements: • A circular underground pump station on the west side of Grand Street approximately 80 feet north of the Grand Street Bridge; and • Raised curb around the pump station and valve box; and • Ductile iron force main along Grand Street between the pump station and the intersection of Grand Street and Clinton Avenue; and • New 4" private sewer lateral and cleanouts at 701 Grand Street, and gravity connection to the pump station. Staff has worked with the property owner at 701 Grand Street in developing the plans. A copy of the plans and specifications are on the file in the City Clerk's office. BUDGET CONSIDERATION /FINANCIAL IMPACT The project is budgeted under C I P# 95 -02, with funds available from the City Sewer funds. City Council Agenda Item #4 -F 07 -03 -07 Honorable Mayor and Members of the City Council MUNICIPAL CODE /POLICY DOCUMENT CROSS REFRENCE This action does not affect the Municipal Code. ENVIRONMENTAL COMPLIANCE July 3, 2007 Page 2 of 2 In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines Section 15303(d), Sewer Extension. RECOMMENDATION Adopt plans and specifications and authorize a call for bids for the Grand Street sewer pump station, No. P.W. No. 04- 07 -16. Respectfu mitted, Matthew T. Naclerio Public Works Director tail,„ F By: Wall Waziri 90__ Associate Civil Engineer MTN:WW:gc CITY OF ALAMEDA Memorandum To: Honorable Mayor and Member of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Authorize Installation of All -Way Stop Controls at the Following Intersections: Fountain Street at Van Buren Street and Fountain Street at Jackson Street BACKGROUND The Public Works Department received a request to install all --way stop controls at the intersections of Fountain Street at Van Buren Street and Fountain Street at Jackson Street. These intersections are adjacent to St. Philip Neri Elementary School. DISCUSSION Fountain Street at Van Buren Street, and Fountain Street at Jackson Street are both four - way intersections. Two -way stop controls exist on Van Buren Street at Fountain Street and on Fountain Street at Jackson Street. St. Philip Neri Elementary School is located on the east side of Fountain Street between these two intersections. Under State of California guidelines, installation of all -way stop controls may be considered if certain criteria are met. The major criteria include: visibility, accident history, traffic volumes, pedestrian volumes, and critical speed. Since many of the streets in Alameda are residential in nature, the City has developed neighborhood warrants that require lower traffic volumes for installing all -way controls when compared with the state warrants. These warrants are for use in residential neighborhoods only. In addition, it is the City's practice to install all -way stop controls at intersections of minor streets that are adjacent to elementary schools. Therefore, these intersections meet the City's guidelines for all-way stop control installation on neighborhood streets. On June 13, 2007, the Transportation Technical Team considered the all -way stop requests and unanimously recommended that the City Council approve the installation of all -way stop controls at the intersections of Fountain Street at Van Buren Street and Fountain Street at Jackson Street. A copy of the staff report is attached. City Council Agenda Item #4 -G 07 -03 -07 Honorable Mayor and Member of the City Council BUDGET CONSIDERATION /FINANCIAL IMPACT July 3, 2007 Page 2 of 2 The material and labor cost for the installation and relocation of stop controls and stop stencils for these two locations is estimated to be $1 ,200. These activities are considered maintenance and are programmed in the Public Works Department's budget. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. Alameda Municipal Code Section 8 -2.2 specifies that the City Council is authorized, by motion, to designate and establish stop intersections within the City. ENVIRONMENTAL REVIEW This project is Categorically Exempt from review under the California Environmental Quality Act in Accordance with CEQA Section 15301 (c), Existing Facilities. RECOMMENDATION Authorize installation of all -way stop controls at the following intersections: Fountain Street at Van Buren Street and Fountain Street at Jackson Street. Respect illy submitted, Matthew T. Naclerio Public Works Director DEaL6 .0\6A By: Obaid Khan low Supervising Civi Engineer MTN :OK:gc Attachment: June 13, 2007, TTT Staff Report TRANSPORTATION TECHNICAL TEAM June 13, 2007 - Staff Report New Business - Item No. 3 Request for the Installation of All -Way Stop Signs at the Intersections of Fountain Street and Van Buren Street, and Fountain Street and Jackson Street Background: Public Works staff has reviewed the intersections of Fountain Street and Van Buren Street and Fountain Street and Jackson Street to address vehicle and pedestrian conflicts at these intersections. This report presents the results of this review. Discussion/Analysis: Fountain Street and Van Buren Street and Fountain Street and Jackson Street are both four -way intersections. St. Philip Neri Elementary School occupies the east side of the Fountain Street block bounded by these two intersections. Fountain Street is a two -lane street, 36 feet wide with curb, gutter, sidewalk and on- street parking along both sides of the street. The adjacent land uses are single- family residences. Street alignment for Fountain Street is straight and has no centerline or edgeline striping. Van Buren Street is a two -lane street, 36 feet wide with curb, gutter and sidewalk along both sides of the street. On- street parking is permitted on both sides of the street. The adjacent land uses are single - family residences. Street alignment for Van Buren Street is straight and has no centerline or edgeline striping. Currently, two -way stop signs are located on Van Buren Street approaches to Fountain Street. Jackson Street is a two -lane street, 36 feet wide with curb, gutter and sidewalk along both sides of the street. On- street parking is permitted on both sides of the street. The adjacent land uses are single - family residences. Street alignment for Jackson Street is straight and has no centerline or edgeline striping. Currently, two -way stop signs are located on Jackson Street approaches to Fountain Street. There are marked yellow crosswalks on each leg of the intersection for both intersections. During the school arrival and departure times, substantial pedestrian activity was observed at the marked yellow crosswalks. It is City's practice to recommend all -way stop controls at neighborhood intersections that are adjacent to elementary schools. It is done to regulate vehicle /pedestrian conflicts. 1 City Council Attachment to Agenda Item #4 -G 07 -03 -07 Recommendation: Staff proposes that the TTT recommend to City Council to approve the installation of all -way stop signs at the intersections of Fountain Street and Van Buren Street and Fountain Street and Jackson Street. Exhibits: "3A ": Vicinity Map "3B ": Stop Sign Inventory G:lpubworks \LT \TRANS PGRTATIGN\CG MMITTEESITTT 1200710613071Report03 .doc 2 0 0 N AVE AVE °vim GARFIELD AVE LINCOLN PARK 3200 STERLING AVE EXHIBIT "3A" VICINITY MAP City of Alameda Traffic Engineering 7 / City of Alameda Traffic Engineering STOP SIGN INVENTORY EXHIBIT "3B" CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Adopt a Resolution Authorizing the Open Market Negotiation of a Contract Pursuant to Section 3 -15 of the Alameda City Charter for the Roof Structure for the Maintenance Service Center Transfer Pad and Dumpsters, No. P.W. 04- 07 -14, and Authorize the City Manager to Enter into Such an Agreement BACKGROUND On May 15, 2007, the City Council authorized a call for bids for the roof structure for the Maintenance Service Center transfer pad and dumpsters, No. P.W. 04- 07 -14. The roof is needed to meet the requirements of the Regional Water Quality Control Board (RWQCB), as well as East Bay Municipal Utility District's ( EBMUD) requirement to prevent stormwater runoff that enters the clarifier at the Maintenance Service Center from discharging into the sanitary sewer system. The clarifier collects stormwater from the transfer pad and dumpster area and filters debris, heavy metals, and oil from the water. In the past, the City had a discharge permit to allow the filtered water to enter the sanitary sewer system; however, EBMUD is now requiring the City to eliminate runoff from entering its system, thereby reducing wet water flows sent to its treatment facilities. DISCUSSION To solicit the maximum number of bids and the most competitive price, specifications were provided to 18 separate building exchanges throughout the Bay Area. In addition, a notice of bid was published in the Alameda Journal. A mandatory prebid meeting was held on May 29, 2007, and although three contractors attended the mandatory prebid meeting, no bids were received on the bid opening date of June 12, 2007. Timing for this project is critical; the project must be completed prior tothe start of the rainy season to meet EBMUD's requirement to eliminate stormwater from entering its system. In accordance with Section 3 -15 of the Alameda City Charter, staff requests that the City Council authorize an open market negotiation of a contract to meet this deadline. The Alameda City Charter allows the City Council to determine that an open market purchase through negotiations with a contractor is appropriate due to a great necessity or emergency that requires immediate action. A delay in entering into open market negotiations and City Council Report Re: Agenda Item #4 -H 07 -03 -07 Honorable Mayor and Members of the City Council July 3, 2007 Page 2 of 2 awarding a contract for this project constitutes a great necessity as it will result in not meeting the requirements of the RWQCB and EBMUD, and could result in possible fines. In addition, a theoretical re- design and re -bid process would delay the project a minimum of two months, jeopardizing the ability of the City to meet the required deadline, and resulting in additional labor and material costs without a guarantee that the re -bid would successfully attract contractors to bid on the project. Staff anticipates that the open market negotiations would result in reducing delays and having the roof structure erected prior to the start of the rainy season. BUDGET CONSIDERATION /FINANCIAL ANALYSIS The project is budgeted under CIP #06-65, with funds available from the Urban Runoff Clean Water funds. ENVIRONMENTAL COMPLIANCE In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under CEQA Guidelines, Section 15301(c), Existing Facilities. RECOMMENDATION Authorize the open market negotiation of a contract pursuant to Section 3 -15 of the Alameda City Charter for the roof structure for the Maintenance Service Center transfer pad and dumpsters, No. P.W. 04- 07 -14, and authorize the City Manager to enter into such an agreement. Respectfully submitted, Matthew T. Naclerio Public Works Director -Row anduut. By: Robert Claire Associate Civil E gi eer MTN:RC:gc CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING OPEN MARKET PURCHASE PURSUANT TO SECTION 3 -15 OF THE ALAMEDA CITY CHARTER FOR THE ROOF STRUCTURE FOR MAINTENANCE SERVICE CENTER TRANSFER PAD AND DUMPSTERS, NO. P.W. 04- 07 -14, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO E SUCH AN AGREEMENT L >- A u°_ w .2 , = O WHEREAS, on May 15, 2007, the City Council authorized a call for bids for the CU • '' Roof Structure for Maintenance Service Center Ce ter Transfer Pad and Dumpsters, No. O . P▪ .W. 04- 07 -14; and ;• 111 .52 CL co WHEREAS, on June 12, 2007, the bid opening date, no bids were received; ict 12, ‹ and WHEREAS, Section 3 -15 of the City Charter authorizes the Council to make a public work or improvement in the open market in case no bids are received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, pursuant to Section 3-15 of the City Charter, the City Manager, in cooperation of the Public Works Department, is hereby authorized to enter into open negotiations of a contract for the Roof Structure for Maintenance Service Center Transfer Pad and Dumpsters, No. P.W. 04- 07 -14, and authorized to enter into such an agreement. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of July 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of July 2007. Lara Weisiger, City Clerk City of Alameda Resolution #4 -H CC 07 -03 -07 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Adopt a Resolution Authorizing the City Manager to Execute the Grant Contract Between the State of California Department of Boating and Waterways and the City of Alameda in the amount of $13,792 for the Purchase of Marine Patrol Equipment BACKGROUND The City has been awarded a $13,792 grant from the State of California Department of Boating and Waterways. The terms and conditions of this grant are contained in a contract between the Department of Boating and Waterways and the Alameda Police Department. This grant is made available to qualifying law enforcement agencies for the purpose of purchasing equipment for existing marine patrol units. The Police Department Harbor Patrol Unit will use the grant funds to purchase new and replacement equipment to enhance the delivery of marine patrol and enforcement services to the maritime community in and around Alameda's waterways. DISCUSSION Through the provision of this grant, the Police Department will have the ability to spend $13,792 on new and replacement equipment that was not included in the Fiscal Year 2007 -08 budget. The equipment will consist of search and rescue equipment and floating docks for the personal water crafts. In order to complete the agreement, the proposed resolution authorizes the City Manager to execute the contract between the State and the City. BUDGET CONSIDERATION /FINANCIAL IMPACT The terms and conditions of this grant do not include a cost-matching provision. Grant funds will be released in a reimbursement program whereby the Police Department is completely reimbursed for the purchases made pursuant to the grant contract. There is no financial impact to the General Fund. City Council Report Re: Agenda Item #4 -I 07 -03 -07 Honorable Mayor and Members of the City Council MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. RECOMMENDATION July 3, 2007 Page 2 of 2 Adopt a resolution authorizing the City Manager to execute the grant contract between the State of California Department of Boating and Waterways and the City of Alameda in the amount of $13,792. Respectfully submitted, Walter B. Tibbet Chief of Police DKVMIBT /az CITY OF ALAMEDA RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS AND THE CITY OF ALAMEDA ›. ›.‘ LLw�� o , WHEREAS, the City of Alameda has been awarded grant approval from the State of California Department of Boating and Waterways in the sum of $13,792 for the purpose of purchasing equipment for existing marine patrol Q and units; � w , D. WHEREAS, a contract has been prepared by the Department of Boating and Waterways which requires the signature by a City representative and a resolution by the City Council authorizing the signature; and WHEREAS, the State of California Department of Boating and Waterways is funding the cost of purchasing new and/or replacement search and rescue equipment and floating docks to enhance the delivery of marine patrol and enforcement services to the maritime community in and around Alameda waterways with no requirement for Local government matching funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that the Council authorize the City Manager to execute the Equipment and Operation Contract between the State of California and the City of Alameda in the amount of $13,792. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of the said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolution #4 -1 CC 07-03-07 CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Introduce an Ordinance Amending the Alameda Municipal Code by Repealing Sections 5 -30 through 5- 30.19, Inclusive, in Their Entirety and Adding New Successor Sections to Article 11 of Chapter V Making Changes to the Procedures, Regulations, and Related Fee Provisions for Filming Activities Within the City of Alameda BACKGROUND In 1991, the City Council adopted Ordinance No. 2570, which established Sections 5 -30 through 5- 30.19 in Chapter Five, Licenses and Permits, of the Alameda Municipal Code (AMC). These sections in Chapter Five address film activity in Alameda and set forth the process of permit issuance for film /video activity in Alameda, along with other film /video related basics. Since the adoption of the ordinance, a departmental reorganization occurred, and, in 2006, the City Council established the Alameda Film Commission. Chapter Five is in need of updating to reflect these events. DISCUSSION The AFC's first act was to organize itself into subcommittees to develop and execute a first -year work plan. The Internal Operations Subcommittee was charged with working with Development Services Department (DSD) staff to revise Sections 5 -30 through 5- 30.19 in Chapter Five. Staff also collaborated with the Planning and Building Department, specifically the Permit Center, for the Code update. Much of the revision is minor editing to enhance clarity. The two most significant changes in the revised Sections are: • The current Code charges the City's Public Works Department with the coordination of all film - related activity. In 1999, several City departments, including Public Works, were reorganized. The permit and coordination function for filming was moved from Public Works and placed with Central Permits within the Planning and Building Department. The recommended Code changes reflect this change and place the responsibility for coordinating filming activity and issuing permits within the Planning and Building Department. City Council Report Re: Agenda Item #4 -J 07 -03 -07 Honorable Mayor and Members of the City Council July 3, 2007 Page2of3 • The revised Code recommendations acknowledge the creation of the AFC in 2006 and recognize its responsibility to promote film /video activity in Alameda. On June 20, 2007, at its regularly scheduled meeting, the AFC voted unanimously to endorse the revised Sections 5 -30 through 5- 30.19 in Chapter Five, License and Permits, and to refer the revised Code to the City Council for its consideration and adoption. BUDGET CONSIDERATION /FINANCIAL IMPACT There is no impact on the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Municipal Code, Chapter 11, Alameda Film Commission, Sections 2 -18 through 2 -18.6. RECOMMENDATION Introduce an Ordinance amending the Alameda Municipal Code by repealing Sections 5 -30 through 5- 30.19, inclusive, in their entirety and adding new successor sections to Article 11 of Chapter V making changes to the procedures, regulations, and related fee provisions for filming activities within the City of Alameda. Re Ily submitted Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Bus' By: Sue G. Russ- Economic Development Coordinator & Film Liaison evelopment Division Matt Naclerio Public Works Director 2_2 I • I Cathy odbury Planning and Building ■ !rector DK /LAL/ DES /SGR:ry 0 0 so • 0 0. 0. 4 CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING SECTION 5 -30 (FILMING ACTIVITIES) IN ITS ENTIRETY, AND REPLACING IT WITH A SUCCESSOR SECTION TO ARTICLE 11 (PERMITS) OF CHAPTER V (LICENSES AND PERMITS) MAKING CHANGES TO THE PROCEDURES, REGULATIONS AND RELATED FEE PROVISIONS FOR FILMING ACTIVITIES WITHIN THE CITY OF ALAMEDA 0 WHEREAS, in November of 1991, the Council adopted Ordinance No. 2570, New Series, establishing fees, regulations and procedures governing ng filmin activities in the • filming City of Alameda, and WHEREAS, the City's Public Works Department was initially responsible for coordinating film - related activities; and WHEREAS, the responsibility of managing the program has been transferred to the Planning and Building Department; and WHEREAS, the amendment of those initial provisions appears appropriate subsequent to the aforementioned departmental reorganization and the establishment of the Alameda Film Commission by the Council in 2006. BE IT ORDAINED by the Council of the City of Alameda that: Section 1. The Alameda Municipal Code is hereby amended by repealing Sections 5 -30 through 5- 30.19, inclusive, (Filming Activities) of Article 11 (Permits) of Chapter V (Licenses and Permits) in its entirely except that underlying fee resolutions adopted pursuant to Section 5 -30.10 shall continue unchanged in full force and effect pursuant to successor Section 5 -30.10 unless hereinafter modified. Section 2. The Alameda Municipal Code is hereby amended by adding new successor Sections 5 -30 through 5- 30.19, inclusive, (Filming Activities) of Article 11 (Permits) of Chapter V (Licenses and Permits) to read as follows: 5 -30 FILMING ACTIVITIES 5 -30.1 Purpose. The purpose of this section is to provide rules governing the issuance of permits for filming activities on location within the City. The section is to ensure that still photographers and motion picture, television, and commercial film and digital media companies will be encouraged to use Alameda for filming activities Introduction of Ordinance #4 -J CC 07 -03 -07 as Tong as those activities are consistent with the public safety and the protection of property. 5 -30.2 Definitions. As used in this section: Alameda Film Commission --- 1 1 - member body established by Council ordinance in 2006 with a mandate of promoting film and digital media activity in Alameda. Applicant - the person, organization, corporation, association or other entity applying for a permit for filming activities in the City of Alameda. Fire Chief — the chief of the Fire Department of the City of Alameda and/or designee. Permit Center - the office in charge of coordinating and issuing permits for the City of Alameda. Police Chief — the chief of Police of the City of Alameda and/or designee. Commercial still photography includes all activity attendant to staging or shooting still photographs for commercial purposes. Development Services Department (DSD) — City Department charged with staffing the Alameda Film Commission. Filming activity - the staging, shooting, filming, videotaping, photographing, or other similar process conducted for the making of still photographs, motion pictures, television programs, commercial and nontheatrical film productions. Film permit -- written authorization from the Permit Center to conduct the filming activity described in the Permit. News purposes - filming activity conducted for newspapers, television news, and other news media for the purpose of reporting on persons, Electronic News Gathering (ENG), events, or scenes which are in the news. Permittee - the person, organization, corporation, association or other entity issued a film permit. Planning and Building Department Director — the Director of the Planning and Building Department for the City of Alameda and/or designee. The Department is charged with coordinating film /video activity and issuing permits for same through the Permit Center. Public property — any sidewalk, parking area, park or open space, building or any other property owned, leased or controlled by the City of Alameda. Public Street - any street or road maintained by the City and located within City limits. Public Works Director -- the Director of Public Works for the City of Alameda and/or designee Pyrotechnics — special effects involving explosions, fireworks or anything else which produced Tight, smoke or noise when ignited. Student filming activity - filming activity conducted to fulfill a course requirement by a student enrolled at a public or private school. Studio - a fixed place of business where filming activities are regularly conducted upon the premises. 5 -30.3 City Cooperation. The Planning & Building Department Director and/or designee shall coordinate the City's procedures under this section. The Director and/or designee shall work cooperatively and responsively with Other City departments with significant roles in filming in Alameda, specifically, those other City departments involved in the processing of film permits such as the Development Services Department (DSD), Police, Fire, and Public Works. The DSD Director and/or designee shall work with the Alameda Film Commission to carry out its mandate to promote filming activity in Alameda through marketing activity and working with various City department to ensure an environment that while "film - friendly" still protects the high quality of life enjoyed by Alamedans. 5 -30.4 Permit Required. A permit is required by the City for the purpose of filming on City -- owned, leased or controlled real property or streets. This permit does not constitute or grant permission to use or occupy property not owned, leased or controlled by the City. An applicant shall obtain the private property owner's permission, consent, and/or lease for use of property not owned or controlled by the City. Student produced film /video activity is not exempt from permit requirements. The permit must be in the possession of the permittee at all times while on location in the City. 5 -30.5 Permit Exceptions. No permit is required for the following activities as long as the activity will not require the closure of a public street, sidewalk, or place nor substantially impede vehicular or pedestrian traffic thereon: a. Filming activities conducted for news purposes b. Filming activities conducted at studios within a building c. Filming activities conducted for use in a criminal investigation or civil court proceedings d. Noncommercial activities e. Commercial still photography or staging when: i. No aspect of the still photography is conducted on City property, ii. No aspect of the still photography will require more than than two (2) motor vehicles parked on any public street. f. Filming activities conducted by or for the City. and, 5-30.6 Application Form. The permit application shall be on a form furnished by the Permit Center. Terms and conditions of the permit will be added as needed to the particular filming activity. Applicants must sign the permit form before undertaking any filming activity authorized by the permit. 540.7 Deadline for Film Permit Applications. Film permits must be filed with the Permit Center a minimum of two (2) full working days in advance of the date film activity is to begin. Applications must be filed a minimum of four (4) full working days in advance of the date film activity is to begin if the film activity involves stunts, special effects including pyrotechnics or traffic control in excess of three (3) minutes. Applications for film permits must be submitted a minimum of ten (10) full working days in advance of the date film activity is to begin if the film activity involves public street closure. 5 -30.8 Permit Approval /Denial. Film permits shall be approved unless: a. The proposed filming activity would substantially disrupt the use of a public street at a time of traffic congestion, or interfere with the operation of emergency vehicles and/or interfere with street maintenance work or a previously authorized excavation permit. b. The area of proposed filming activity is on City property and would substantially interfere with: 1. other previously authorized activities, contracts, or the safety of the public or employees while on City property and/or, ii. municipal functions or the scheduled maintenance of City buildings or grounds. c. The proposed filming activity creates a substantial risk of injury to persons or property. d. The applicant fails to complete the application after being requested to do so or the information contained in the application is found to be false in any material detail. e. The proposed filming activity would violate Federal, State, or local law including licensing or permit requirements. When grounds for permit denial can be corrected by imposing reasonable permit conditions, the Planning & Building Department Director and/or designee may impose such conditions rather than deny the permit. No late applications will be processed unless the Planning & Building Department Director and/or designee determine that special circumstances exist relative to the application which would have precluded its application on a timely basis. Upon such showing of good cause, applications which are filed after the filing deadline shall be processed if there is sufficient time to process and investigate the application and for City staff to prepare for the filming activity. 5 -30.9 Permit Conditions. The Planning & Building Department Director and/or designee may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities. Additional "Terms and Conditions" attached to the film permit, may include, but not be limited to, the following requirements or restrictions: a. Requirements for the presence of City employees at the applicant's expense. b. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense. c. Posting the outer boundaries of the filming activity and providing advanced notice to affected property owners and businesses. d. Requirements concerning the clean up and restoration of public streets and City property used in the filming activity. e. Restrictions concerning the use of City employee services, vehicles and other equipment in the filming activity. f. Requirements that the applicant pay all fees and obtain all permits and licenses required for the filming activity. g. Restrictions on the use of firearms, explosions and other noise creating or hazardous devices which disturb the peace. h. Restrictions on the use of stunts involving pyrotechnics, open flames, vehicle crashes or other hazardous materials. i. Requirements on covering police, fire and other official uniforms worn by actors when the actors are not on camera. j. Restrictions on the use of City logos, insignias, badges or decals for filming purposes. k. Restrictions on the daily hours the filming activity may be conducted within the City. 1. Requirements concerning proper acknowledgment of any City assistance provided in making feature, television or commercial productions. m. Requirements concerning nondiscriminatory practices for employment. 5 -30.10 Fees. The City Council shall establish film permit fees by resolution which are due and payable at the time their permit application is submitted. In addition to the film permit fees, the applicant shall pay for any other necessary permits such as an encroachment permit, for the use of the sites and for all costs incurred by the City in providing City employees or equipment to be present during filming activity. 5 -30.11 Change of Filming Activity Date. Upon reasonable notice by the permittee in advance of filming activity, the Planning & Building Department Director and/or designee is authorized to change the date for which the film permit has been issued without requirin g a new application or permit. 5 -30.12 insurance Required. The applicant for a film permit shall procure and maintain for the duration of the film activity insurance in the amounts and types required by the City's Risk Manager. 5- 30.13 Liability and Indemnification. Prior to the issuance of the film permit the permittee must agree in writing to comply with the "Filming Permit Terms and Conditions." 5 -30.14 Duties of Permittee. The permittee and all agents, employees and contractors of the permittee at the filming activity site within the City shall comply with the following requirements: a. The permittee shall not conduct within the City a filming activity not authorized by the film permit. b. The permittee shall: i. Comply with instructions made by the Alameda Police officers assigned to police the filming activity area. ii. Comply with instructions made by City employees assigned to regulate the filming activity site. iii. Clean and restore all City -owned property utilized during the filming activity to the same condition as existed prior to the filming activity. iv. Comply with this Chapter and all Federal, State and local laws. 5- 30.15 Street Closures. The applicant for a film permit may request that the City authorize a street closure on the film permit application. A short term encroachment permit shall be granted by the Public Works Director. 5- 30.15 Pyrotechnics. During the filming of any special effect or stunt requiring the use of pyrotechnics or any material deemed hazardous, including but not limited to fireworks, open flames or explosives, the applicant must obtain a permit from the Fire Department. 5-30.17 Permit Revocation or Suspension. Permit Revocation: The Planning & Building Director and or designee may revoke a film permit if the permittee or any agents, employees or contractors of the permittee fail to comply with the applicable requirements of this section or if the Planning & Building Director and/or designee(s) determines after the permit is issued that the permit application was false in any material detail. Notice of the grounds for revocation of the film permit shall be provided in writing by the Planning & Building Director and/or designee to the permit applicant or person in charge of the location of the filming activity. Appeals of the p ermit revocation shall be conducted in the manner set forth below. The Fire Chief, Police Chief, Public Works Director and/or Planning & Building Department Director and/or their designee(s) may suspend the film permit when the filming activity poses an immediate hazard to persons or property and the location manager will not or cannot prevent the hazard after being instructed to do so. Notice of the grounds for suspension of the film permit shall be provided in writing by the applicable Chief or Director and /or designees to all other Department Directors and Chief(s) (with the authorization to suspend) and the permittee within one (1) business day of the suspension. Appeals of the permit suspension shall be conducted in the manner set forth below. 5 -30.18 Appeals. Any person dissatisfied with a decision of the City or its representative may file an appeal to the City Council within the time specified below. The appeal shall be made in writing and filed with the Permit Center not later than ten (10) days after the date written notice of the City decision is made. Failure to file a timely appeal shall result in a wavier to the right to appeal. The appeal shall state in detail the factual basis for the appeal. The City Council or its designee may appoint a hearing officer to conduct the hearing, to receive relevant evidence, and to submit to the City Council findings and recommendations to be considered by the City Council. If appointed, the hearing officer shall hear the appeal and submit his or her findings and recommendations to the City Council. The City Council shall render its decision within forty -five (45) days from the date of the hearing, or in the event that a hearing officer has been appointed, within forty -five (45) days from the date the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. 5- 30.19 Penalties. The violation of any provision of this section shall constitute an infraction. Section 3. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the City Council Attest: Lara Weisiger, City Clerk City of Alameda 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of June, 2007 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of June, 2007. Lara Weisiger, City Clerk City of Alameda Approved as to Form Assistant City Attorney CITY OF ALAMEDA RESOLUTION NO. APPOINTING LINDA McHUGH AS A MEMBER OF THE CITY CIVIL SERVICE BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon nomination of the Mayor, LINDA McHUGH is hereby appointed to the office of member of the Civil Service Board of the City of Alameda for a term commencing on July 3, 2007, and expiring on June 30, 2011, and to serve until her successor co is appointed and qualified. pp g 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: y g AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING STEVE R. FORT AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES E ° B E IT RESOLVED D b the Council of the City _ 2 J. � L y C ty of Alameda that pursuant to Section 2 c i. 17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination • _ ._ p p ination of the E › Y reappointed 43 Mayor, STEVE R. FORT is hereb rea to the office of member of the Commission 2 y i ►� N CI. 1 O. "• I - on Disability Issues of the City of Alameda for a term commencing on July 3, 2007, and expiring on June 30, 2011, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING MARGARET HAKANSON AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES E BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2- y p g 17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination of the E5 up • I- t Mayor, MARGARET HAKANSON is hereby reappointed to the office of member of the ca N O y Commission on Disability Issues of the City of Alameda for term commencing on Jul o. y y g 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING AUDREY LORD- HAUSMAN AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination of the Mayor, AUDREY LORD - HAUSMAN is hereby reappointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing on July 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. APPOINTING ROBERTA KREITZ AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon nomination of the Mayor, ROBERTA KREITZ is hereby appointed to the office of member of the Commission on Disability Issues of the City of Alameda for a term commencing on July 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 E w 0 CO a) 0 0. 0. CITY OF ALAMEDA RESOLUTION NO. APPOINTING JOHN ROBINSON AS A MEMBER OF THE CITY COMMISSION ON DISABILITY ISSUES BE IT RESOLVED by the Council of the City of Alameda that pursuant to 0 on c- � ▪ Section 2 -17.2 of the Alameda Municipal Code and Ordinance No. 2931, and upon • nomination of the Mayor, JOHN ROBINSON is hereby appointed to th Y y pp the office of member of the Commission on Disability Issues of the City of Alameda fora term commencing on July 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. szt H 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING JEANETTE L. COPPERWAITE AS A MEMBER OF THE ALAMEDA FILM COMMISSION (HISTORIC EXPERIENCE SEAT) BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -18.2 of the Alameda Municipal Code, and upon nomination of the Mayor, JEANETTE L. COPPERWAITE is hereby reappointed to the office of Historic Experience seat member of the Alameda Film Commission of the City of Alameda, for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5- A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING DAVID J. DUFFIN AS A MEMBER OF THE ALAMEDA FILM COMMISSION (FILM/VIDEO INDUSTRY SEAT) BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -18.2 of the Alameda Municipal Code, and upon nomination of the Mayor, DAVID J. DUFFIN is hereby reappointed to the office of FilmNideo Industry seat member of the Alameda Film Commission of the City of Alameda, for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING LIAM GRAY AS A MEMBER OF THE ALAMEDA FILM COMMISSION E (ARTS/CULTU RAL SEAT) u w i _ a c to 7� H o_ BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -18.2 of the Alameda Municipal Code, and upon nomination of the Mayor, LIAM GRAY is hereby reappointed to the office of Arts /Cultural seat member of the Alameda Film Commission of the City of Alameda, for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a r regular meeting assembled on the day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING ORIN D. GREEN AS A MEMBER OF THE ALAMEDA FILM COMMISSION (FILMNIDEO INDUSTRY SEAT) v co N N BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2 -18.2 of the Alameda Municipal Code, and upon nomination of the Mayor, ORIN D. GREEN is hereby reappointed to the office of Film/Video Industry seat member of the Alameda Film Commission of the City of Alameda, for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the followin g vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREO F, 1 have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. APPOINTING RONALD KAHN AS A MEMBER OF THE HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 2-16.4 of the Alameda Municipal Code, and upon nomination of the Mayor, RONALD KAHN is hereby appointed to the office of member of the City Housing and Building Code Hearing and Appeals Board of the City of Alameda to fill the unexpired term of Ed Depenbrock for a term commencing July 3, 2007, and expiring on June 30, 2009, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING NANCY GORMLEY AS A MEMBER OF THE CITY HOUSING COMMISSION (SENIOR TENANT SEAT) BE IT RESOLVED, by the Council of the City of Alameda that pursuant to the provisions of Subsection 2 -12.2 of the Alameda Municipal Code, and upon nomination of the Mayor, NANCY GORMLEY is hereby reappointed to the office of Senior Tenant seat member of the Housing Commission of the City of Alameda for a term commencing July 3, 2007, and expiring on June 30, 2009, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City ofAlameda in regular meeting assembled on the 3rd day of July 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 a I- 1)4 r D. 5 D. CITY OF ALAMEDA RESOLUTION NO. APPOINTING MIKE HARTIGAN AS A MEMBER OF THE CITY LIBRARY BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the a provisions of Article X of the Charter of the City of Alameda, and upon nomination of the Mayor, MIKE HARTIGAN is hereby appointed to the office of member of the Library .r Board of the City of Alameda for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: y g AYES NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 E w 0 Approved as CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING MARILYN EZZY ASHCRAFT AS A MEMBER OF THE CITY PLANNING BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the 0 1 provisions of Article X of the Charter of the City of Alameda, and upon nomination of the ._ Y p c� Mayor, MARILYN EZZY ASHCRAFT is hereby reappointed to the office of member of the d Planning Board of the City of Alameda fora term commencing July 3, 2007, and expiring g on June 30, 2011 and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: y � AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this _ day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 E L v a) v a cc CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING GINA MARIANI AS A MEMBER OF THE CITY PLANNING BOARD ID BE IT RESOLVED by the Council of the City of Alameda that pursuant to the L 8 z, provisions of Article X of the Charter of the City of Alameda, and upon nomination of the •H to Mayor, GINA MARIAN1 is hereby reappointed to the office of member of the Planning Board of the City of Alameda for a term commencing July 3, 2007, and expiring on June 0o 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: Y g AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING KATINA HUSTON AS A MEMBER OF THE CITY PUBLIC ART COMMISSION BE IT RESOLVED by the Council of the City of Alameda that pursuant to Section 30-65.7 of the Alameda Municipal Code and Resolution No. 13573, and upon nomination of the Mayor, KATINA HUSTON is hereby reappointed to the office of member of the Public Art Commission of the City of Alameda for the term commencing on July 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: Y g AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 0 L 0 0 1 a. 0. CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING CATHY NIELSEN AS A MEMBER OF THE SOCIAL SERVICE HUMAN RELATIONS BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon nomination by the Mayor, CATHY NIELSEN is hereby reappointed to the office of member of the Social Service Human Relations Board of the City of Alameda for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until her successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in adjourned regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 Assistant City Attorney CITY OF ALAMEDA RESOLUTION NO. REAPPOINTING HENRY VILLAREAL AS A MEMBER OF THE SOCIAL SERVICE HUMAN RELATIONS BOARD BE IT RESOLVED by the Council of the City of Alameda that pursuant to the provisions of Article X of the Charter of the City of Alameda, and upon nomination by the Mayor, HENRY VILLAREAL is hereby reappointed to the office of member of the Social Service Human Relations Board of the City of Alameda for a term commencing July 3, 2007, and expiring on June 30, 2011, and to serve until his successor is appointed and qualified. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in adjourned regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda Resolutions #5 -A 07 -03 -07 CITY OF ALAM E DA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Hold a Public Hearing to Adopt a Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84 -2, All Zones Hold a Public Hearing to Adopt a Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Island City Landscaping and Lighting District 84 -2, Zones 2 and 3 BACKGROUND On February 6, 2007, the City Council, in accordance with the Landscaping and Lighting Act of 1972, appointed an engineer and an attorney for the annual proceedings associated with Landscaping and Lighting Assessment District 84 -2. The City Council also preliminarily approved the Engineer's Report, declared an intention to order levy and collection of assessment, and set a hearing for July 3, 2007, at 7:30 p.m. in the City Council Chambers at Alameda City Hall. DISCUSSION The purpose of an assessment district is to provide for enhanced maintenance not typically performed by the City. The Engineer's Report provides an estimate of cost by each of the seven zones (see attached maps) to be addressed for fiscal year 2006-2007. A copy of the Engineer's Report is on file in the City Clerk's office and at all Alameda Library branches. The zones and enhanced maintenance work are as follows: Zone 1 - Lincoln Avenue between Sherman Street and St. Charles Street: This zone is responsible for the maintenance of the landscaped median in the 1100 and 1 200 blocks of Lincoln Avenue, including the utilities for operating the irrigation. No increase in assessment is proposed for this Zone. Zones 2 & 3 - Webster Street from Central Avenue to Lincoln Avenue and Webster Street from Lincoln Avenue to Atlantic Avenue: These two zones work together and fund landscape maintenance, litter pick -up, and clean up of the sidewalk and other public areas. An increase in assessment is proposed for these zones. Required ballots have been mailed to property owners. City Council Public Hearing Agenda Item #5 -B 07 -03 -07 Honorable Mayor and Members of the City Council July 3, 2007 Page 2 of 3 As reported last year, the budget for Zones 2 and 3 has relied on the reserve funds accrued while the Webster Street Renaissance project was under construction for the last few years. The remaining reserve amount will fund only one more budget cycle. In consultation with the West Alameda Business Association Board, the proposed budget requires an increase to assessments to fully fund the ongoing maintenance of the new landscaping. As required by Proposition 218, property owners were mailed ballots at least 45 days prior to this public hearing. The ballots indicate the proposed new assessments as well as a modification to the assessment formula to allow for an automatic annual Consumer Price Index (CPI) adjustment. To be considered, ballots must be turned in to the City Clerk before the close of the public hearing. After the public hearing ballots will be counted, and the results announced. The proposed increase in assessment is approved when a majority of the ballots received contain votes in favor of the proposed increase. Ballots are weighted by the dollar value of the assessment to the property. Should the increase not be approved by the property owners, the remaining reserve funds will be used to pay for the landscape maintenance this year. Zone 4 - Park Street from the Park Street Bridge to San Jose Avenue, including areas of Webb Street, Santa Clara Avenue, Lincoln Avenue, and Central Avenue: This zone funds landscape maintenance, litter pick -up, and clean up of the sidewalk and other public areas. No increase in assessment is proposed for this Zone. Staff met with the Park Street Business Association Executive Director to develop the proposed budget. Although the maintenance costs associated with the new landscaping have increased, there are sufficient reserve funds available to fund this work. The Executive Director anticipates requesting a rate increase in the next budget cycle. Zone 5 - Harbor Bay Business Park: This zone funds irrigation and landscape maintenance costs within the Harbor Bay Business Park, including tree trimming, sidewalk and pathway repairs, and streetlight maintenance costs. The budget for this zone is developed in conjunction with the Harbor Bay Business Park Association. Based on previous approval by the property owners, an automatic CPI increase is applied to the assessment. A 3.1% increase in assessment is proposed for this zone. No balloting is required. Zone 6 - Alameda Marina Village commercial areas: This zone funds irrigation and landscape maintenance costs within the commercial areas of Marina Village, including tree trimming, sidewalk and pathway repairs, and street lighting maintenance and energy costs. The budget for this zone is developed in conjunction with the Marina Village Management group. Based on previous approval by the property owners, an automatic CPI increase is applied to the assessment. A 3.1% increase in assessment is proposed for this zone. No balloting is required. Honorable Mayor and Members of the City Council July 3, 2007 Page 3 of 3 Zone 7 -1100 and 1200 blocks of Bay Street: This zone was created at the request of the property owners who requested enhanced maintenance for the elm trees along their street frontages. No increase in assessment is proposed for this zone. BUDGET CONSIDERATION /FINANCIAL IMPACT The maintenance costs for the various zones are described in the Engineer's Report. Costs incurred by the City for the engineer -of -work and attorney -of- record are paid by the Districts under the budget item incidental expense. Maintenance costs for landscaping along Harbor Bay Parkway, from Doolittle Drive to Maitland Drive, are shared between the City and the property owners within the business park through the assessment district. The split is one third City, two- thirds assessment district. The City's one -third share is split between the Public Works Department and the Golf Complex. The total cost for the City's off -site maintenance for Fiscal Year 2007/2008 is $30,902, requiring a payment of $15,451 each from Public Works and Golf. Funds for this expense have been budgeted in the approved Fiscal Year 2007/2008 budget. Additionally, the costs to maintain Shoreline Park within the Harbor Bay Business Park are shared equally between Zone 5 and the City, as provided for in a settlement agreement. The City's share to maintain the park has been estimated at $15,000, which is included in the Recreation and Park Department budget for Fiscal Year 2007/2008. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed action does not affect the Alameda Municipal Code. RECOMMENDATION Adopt a resolution approving Engineer's Report, confirming diagram and assessment, and ordering the levying of assessments for the Island City Landscaping and Lighting District 84 -2, all zones. Adopt a resolution approving Engineer's Report, confirming diagram and assessment, and ordering levy of assessments, Island City Landscaping and Lighting District 84 -2, Zones 2 and 3. Respectfully submitted, Matthew T. Naclerio Public Works Director MTN:MM:gc Attachment: Zone 1 -7 maps By: In°Lp,62/to Marge McLean cyc, Public Works Coordinator r12 Nte W df_S --T 41 • 1*1 0 0 N -- 'v F. Z: i 1 . s L • ; .,�v, 4.'1. • •.ter ti }+ �` • 5 ►3,� a a °oi; ti r � T A eZ70 -r4� 'a c? -nQ_ a 0 c - i_ 0 ti • ► • - v5� w w ;, kck V N..14,4 q 0 -s y'[ tam okotk ‘g:0 ot°ti §1 . 0 - "r v W _r -t i0� e W }T.,4 W -- 3 ° a a a° _7 O d v p a 7 r cr.1-1N z 111 4 0 0 o azzz ." • 1.7.73-3--7 k; ti 771-0- rza C TAI T.S' A L E City Council Public Hearing Attachment to Agenda Item #5-B 07 -03 -07 70. CO IC - 1,00 A (f . 'xr Clarirl /Y0.7) DAD -/L0 ale- QZO . 317N3A r 1-7-7 I �nIJA r re ar r 7� o '.700 gs9lo -OL0 an -ary O P, rD �ilNIA V ,s T/ t E r w 1 - ra -relic • co-roof 0D -700 ■D • $OD ca -■av i } ac;aCo z -�a j G C i .j 1 ;: r r~ + N r S I illk2 2 L---....."-i---- f',I - 9/o -QLo ,' z OZ.-773- 1 ❑r t.,. ., dTiF1I ± 3 v •ti ' a a l , i +aI too.4z, I Iry a0 -ego 11 1 ao •.-Qa 1 i CO .,C0 tit • Ri .7o• Sao f �i c' a -nro ! Y I -' : 1 „?-..? 1 1f - • '-,t • a y i k DO -reQ 2 7 yNI,] ivy .ti av -rr�- 00-1./0 ,70- wa0 oD- AO 11 av -e■v 00-r■v .i' M 7 E-' tip; O a 4 • t :J r O 7 Lki ■ Lc `l .t 4r„ ...--.1-...........: r r'7'1 ' Z. �. 1 J �c �� _'""""ti 1 4 T :a m 7 ■14. 1e o 0 6. ca L i 1 ... -. . RR �i■ y \r r.1ti ►1 Krr►��ti� A ...4M Ja��r3r1�.7 wi .+...��a. m 3var v4+vv +a .1�7r 1•IL s�7�•s�A� QI {1 � .v pW d 7�`y w^ �- r r -:f17 +w S C 0. � V �� r + � '� .r 4f y► +.•vim f aacv� z 1:` ` f) r-3 ..., : : 1 T'i i Cb avvava��vvov avaagvaa000� .v +...Jr.,�Jr : Yl+ aasw..ab�aodo TI waa� ►Jf.�a�r.rw� . /w►rrr+ ►►rti � � ► ►+ ►rr�w +r r Q a.a34v /yews. vvdaa + / +vv/a %%4.4 aa. av�o I; r • �i tt a a�w� ►.s Pry —r Z.` ... sva /■ +wp El.gs�v rf rV � raw ti r{ew ww...:.....+r • ■da4 / /VadY.ptiTaO • `7 4 J.yYyr�.:Sy.l 'Jrl s++ a nyao•aaa -1.■ +�4vvvvla�a.a����a°ay..,vo ,,� v +vavaoaa �aa 4 +a v p a aoaaao /av/ aav ov av 4 ra r ;r1�� .ri rir� +awl a.7ya�lrir� �7wV wa w� r.r r`r.�r.wr++711+rlr+Mt��./ ►r —r r►rw e+ 7r�r --• a +►f!� •. ti . /r,��!rr.�.w� +wr►.w�' ~rr. -. — ^� ..� /+! r44,i yOVpalyQr4aagrr4�adlaalv,i7Q•. • • YO'�•:V!'!Q!p /aOSd /asq/ . ■7lQavavao • wwwti ..+!• •���'.s7�.�a�rr+"v.y�'�fd rrwr�r7►Awraw���� ldvao �r.......00OV.vvr.�r4.QQ /■ • 9:: r►r ►rri `war w -.r.,: J. w.r.+ww�rA�w..R�yrA n 1 cri 111; 111= 1 1 1 T •-• r •• r„ gyp• ....� -�.... ..�. .� -..-. ..... --. . - -- -.. -. ....- .. ...... r...... r•.r.. -- -...�� rte.. ��..--- �...�.�..t «.... -. ....�..� f-• • -r • P- &-OOl c� - ►CQ -roof ►7, i 9 '1 1 • • i-Zrt r.sf• rl � E `_•r,0 :�•�rD -Cr f CITY OF ALAMEDA RESOLUTION NO. APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS, ISLAND E CITY LANDSCAPING & LIGHTING DISTRICT 84 -2, ALL ZONES ›- L W c a a WHEREAS, by its Resolution No. 13978 a resolution directing preparation y 9p p n of Annual Report for Island City Landscaping and Lighting District 84 -2, this Council Q designated the City Engineer, as Engineer of Work and ordered said Engineer of Work N to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, the report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that on Tuesday, July 3, 2007, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, Council Chambers, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, was appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was duly and regularly published; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested, desiring to be heard, were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: 1. No vote of the property owners is required because proposed increases are allowed based on previous approval of the property owners owning more than fifty percent (50 %) of the area of assessable lands within the District. made. 2. The public interest, convenience and necessity require that the levy be 3. The District benefited by the improvements are to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. Resolutions #5 -B 07 -03 -07 4. The Engineer's Report as a whole and each part thereof to wit: (a) the Engineer of Work's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specification for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; is finally approve and confirmed. 5. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, the estimate of the costs and expenses, the diagram and the assessment, as contained in the report, as hereinabove determined and ordered, shall refer and apply to the report, or any portion thereof, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. 6. The assessment to pay the costs and expenses of the maintenance of the improvements is hereby levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution directing preparation of Annual Report. 7. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at he hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the Tots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid findings and determination as to special benefits. 8. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of this City. 9. Upon receipt of moneys representing assessments collected by the County, the Director of Finance of this City of Alameda shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Director of Finance of this City is hereby directed to establish under the distinctive designation of the District. Moneys in the improvement fund shall be expended upon for the maintenance of the improvements. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS, ISLAND CITY LANDSCAPING & LIGHTING DISTRICT 84 -2, ZONES 2 AND 3 E WHEREAS, by its Resolution No. 13978 a resolution directing preparation of Annual Report for Island City Landscaping and Lighting District 84 -2, this • Council designated the City Engineer, as Engineer of Work and ordered said ca • ■ , < Engineer of Work to make and file a report in writing in accordance with and (.) pursuant to the Landscaping and Lighting Act of 1972; and as -Lr co i t1I Q. 1 N Q. WHEREAS, the report was duly made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that on Tuesday, July 3, 2007, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, Council Chambers, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, was appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment to supersede all previous assessments levied for Zones 2 and 3, notice of which hearing was duly and regularly published; and WHEREAS, at the appointed time and place the hearing was duly and regularly held, and all persons interested, desiring to be heard, were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: 1. A vote of the property owners has been conducted and the majority of the votes that were submitted prior to the close of the public hearing were more than fifty percent (50 %) in favor of the proposed increase for Zones 2 and 3. 2. The public interest, convenience and necessity require that the levy be made. Resolutions #5 -B 07 -03 -07 3. The District benefited by the improvements are to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto. 4. The Engineer's Report as a whole and each part thereof to wit: (a) the Engineer of Work's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specification for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto; is finally approved and confirmed. 5. Final adoption and approval of the Engineer's Report as a whole for Zones 2 and 3, and of the plans and specifications, the estimate of the costs and expenses, the diagram and the assessment, as contained in the report, as hereinabove determined and ordered, shall refer and apply to the report, or any portion thereof, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council. B. The assessment to pay the costs and expenses of the maintenance of the improvements is hereby levied and supersedes all previous assessments for Zones 2 and 3. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution directing preparation of Annual Report. 7. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at he hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid findings and determination as to special benefits. 8. Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of this City. 9. Upon receipt of moneys representing assessments collected by the County, the Director of Finance of this City of Alameda shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Director of Finance of this City is hereby directed to establish under the distinctive designation of the District. Moneys in the improvement fund shall be expended upon for the maintenance of the improvements. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Hold a Public Hearing to Adopt a Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessments, Maintenance Assessment District 01 -01 (Marina Cove) BACKGROUND On February 7, 2007, the City Council, in accordance with the Landscaping and Lighting Act of 1972, appointed an engineer and an attorney for the annual proceedings associated with Maintenance Assessment District 01--01 (Marina Cove). The City Council also preliminarily approved the Engineer's Report, declared an intention to order levy and collection of assessment, and set a hearing for July 3, 2007. DISCUSSION The Engineer's Report provides the district budget for maintaining all improvements within the public right -of -way and the park area for the Marina Cove subdivision shown on the attached map. The maintenance costs for the improvements were initially determined in conjunction with the developer, utilizing standard costs for work. Costs are spread to the parcels by a per square foot basis. Based on previous approval by the property owners, an automatic Consumer Price Index (CPI) increase is applied to the assessment. A 3.1% increase in assessment, equal to the CPI increase for the San Francisco Bay Area, is proposed for this subdivision. No balloting is required. A copy of the Engineer's Report is on file in the City Clerk's office. BUDGET CONSIDERATION /FINANCIAL IMPACT The total annual operating budget for this district is proposed at $83,529, which includes a reserve for Tong --term maintenance of the sea wall, streets, sidewalks, and other facilities. City costs associated with the management of the district and assessments are estimated at $2,500, which will be reimbursed by the district. There is no impact to the General Fund. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE The proposed action does not affect the Alameda Municipal Code. City Council Public Hearing Agenda Item #5-C 07-03-07 Honorable Mayor and Members of the City Council RECOMMENDATION July 3, 2007 Page 2 of 2 Adopt a resolution approving Engineer's Report, confirming diagram and assessment, and order the levying of assessments for the Maintenance Assessment District 01 -01 (Marina Cove). Respectful s miffed, Matthew T. Nacleriio Public Works Director ‘-7 By: Marge McLean � Public Works Co dfnator MTN:MM:gc Attachment — Marina Cove Subdivision Map ) Id z rr 0 z Q zo Qo z H— W �0 NE 0 ttom -_� Cf) t/i g m Qom. • CO w 0 iigt 0- [as • • 4 MILS CINV89 •f. Mill 1335 MESH z -- - CF0-UO w� 0 O zazio Et,r) R to 03 ti. 1 rd 6 .: t I 1 _ !I ts g a 5 0 I Zt !ti P A a ii b ; 1 $ S 6 ./ w z 0 1 ;; i; Li gel gg Xi-2g Y City Council Public Hearing Attachment to Agenda Item #5 -C 07 -03 -07 CITY OF ALAMEDA RESOLUTION NO. APPROVING ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENTS, MAINTENANCE ASSESSMENT DISTRICT 01--01 (MARINA COVE) WHEREAS, by its Resolution No. 13979, a resolution directing preparation of an Annual Report for Maintenance Assessment District 01 -01 (Marina Cove), this Council designated the City Engineer, as Engineer of Work and ordered said IL Engineer of Work to make and file a report in writing in accordance with and o pursuant to the Landscape and Lighting Act of 1972; and to a i3 WHEREAS, said report was duly made and filed with the City Clerk and was presented to the City Council consideration; p y Cou cil for considerati and 0_ 0. WHEREAS, said Council considered said report and each and every part hereof and found that it contained all the matters and things called for by the provisions of the Alameda Maintenance Procedure Code cited in the Alameda Municipal Code in Section 3 -80, and said Resolution No. 13979, including (1) plans and specifications of the existing improvements and proposed improvements, (2) estimate of costs (3) diagram of the district, and (4) an assessment according to the benefits, all of which was done in the form and manner required by such Alameda Maintenance Procedure Code; and WHEREAS, it was determined that the report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and that on Tuesday, July 3, 2007, at the hour of 7:30 o'clock p.m., in the regular meeting place of this Council, Council Chambers, Alameda City Hall, 2263 Santa Clara Avenue, Alameda, California, was appointed as the time and place for a hearing of protests in relation to the formation of a maintenance assessment district pursuant to the City of Alameda Maintenance Procedure Code, to said proposed improvements and the levy of the proposed assessment; and WHEREAS, it appears that notices of said hearings were duly and regularly published and mailed in the time, form and manner required by said Code, as evidence by the affidavits and certificates on file with said City Clerk; and WHEREAS, persons interested in objecting to the formation of said maintenance assessment district, or of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the maintenance assessment district, or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council Resolution #5 -C 07 -03 -07 thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof; NOW, THEREFORE, BE IT RESOLVED, that: 1. The property owners owning more than fifty percent (50 %) of the area of assessable lands within the District had not, at the conclusion of the hearing, filed written protests against the proposed levy, as a whole or as to any part thereof, or against the District or the extent thereof to be assessed for the costs and expenses of the levy as a whole, or as to any part thereof, or against the Engineer of Work's estimate of costs and expenses, in whole or in part, or against the maps and description, in whole or in part, or against the diagram or the assessment to pay for the costs and expenses thereof, in whole or in part. 2. The public interest, convenience and necessity require that the levy be made. 3. The District benefited by the improvements to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situated in the City of Alameda, California, the exterior boundaries thereof, are as shown by a map thereof filed in the office of the city Clerk, which map is made a part hereof by reference thereto. 4. That said district be, and is hereby designated as "City of Alameda Maintenance Assessment District 01 -01" by which name it shall hereafter be referred to in all subsequent proceedings, including proceedings for the levy and collection of assessments. 5. The Engineer's Report as a whole and each part thereof, to wit: (a) the Engineer of Work's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district, plans and specification for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and (c) the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several Tots or parcels of land in the District in proportion to the estimated benefits to be received by such Tots and parcels, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, is finally approved and confirmed. 6. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance and servicing of the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid findings and determination as to special benefits. 7. Upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the diagram and assessment and a certified copy of this resolution with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Director of Finance of this City. 8. Upon receipt of moneys representing assessments collected by the County, the Director of Finance of this City of Alameda shall deposit the moneys in the City Treasury to the credit of an improvement fund, which improvement fund the Director of Finance of this City is hereby directed to establish under the distinctive designation of the District. Moneys in the improvement fund shall be expended upon for the maintenance of the improvements. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of July, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSENTIONS: IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this day of July, 2007. Lara Weisiger, City Clerk City of Alameda CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Hold a Public Hearing and Accept the Master Fee Schedule, Including the Schedule of Citywide Development Fees, for Fiscal Year 2007 -2008 BACKGROUND on January 22, 1 992, the City Council passed Resolution Number 12191, which codified all fees for services and linked the rate at which the City's fee schedule may be increased to the Consumer Price Index for the San Francisco Bay Area. Over time, via resolution, the fee structure has been revised and updated to streamline fee collection, and a Citywide Development Fee has been added to the Master Fee Schedule. Increases to the Citywide Development Fee are based on the Engineering News Record Construction Price Index for the San Francisco Bay Area. DISCUSSION On May 10, 2007, the Bureau of Labor Statistics announced the Consumer Price Index for the San Francisco Bay Area as 3.3 percent. Based on Resolution 1 2191, the eligible fees in the Master Fee Schedule were increased by 3.3 percent. On June 4, 2007, the Engineering News Record announced the Construction Price Index for the San Francisco Bay Area as 7.4 percent. Based on Municipal Code Section 27 -3.14, Fee Escalators, the Citywide Development fees were increased by 7.4 percent. In February, the Golf Commission recommended increasing fees for the Golf Complex. The Council took that action in March, and the new fees appear in the Master Fee Schedule. Fees associated with Recreation and Parks are recommended by the Recreation and Parks Commission for adoption by the City Council. The recommended Recreation and Parks fees are included in the revised Master Fee Schedule, which is on file in the City Clerk's Office. BUDGET CONSIDERATION /FINANCIAL IMPACT The fees, as outlined in the Master Fee Schedule, are included in the Fiscal Year 2007- 2008 budget as adopted. City Council Public Hearing Agenda Item #5 -D 07 -03 -07 Honorable Mayor and Members of the City Council July 3, 2007 Page 2 of 2 MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE Alameda Municipal Code Section 27-3.14 allows for increases of the Citywide Development Fee. No part of the Municipal Code is changed as a result of these increases. RECOMMENDATION By motion, accept the Master Fee Schedule, including the Schedule of Citywide Development Fees, as presented. Respectfully submitted, elle -Ann Boyer Chief Financial Officer JAB:di CITY OF ALAMEDA Memorandum To: Honorable Mayor and Members of the City Council From: Debra Kurita City Manager Date: July 3, 2007 Re: Introduce an Ordinance Authorizing the City Manager to Execute All Necessary Agreements and Documents for Termination of the Ground Lease and Execution of a Master Lease, That Divides the Leasehold Estate That is the Subject of the Lease Into Three Separate Leasehold Estates to Ballena Isle Marina, LP, a California Limited Partnership, of Real Property Held Under Lease By and Between the City of Alameda and Ballena Isle Marina, a Limited Partnership (Requires Four Affirmative Votes) BACKGROUND The City entered into a ground lease with Ballena Isle Marina, LP, in 1979 for 27 acres of submerged land and 27 acres of dry lands. The term was for 25 years with an option, exercised in January 1988, to renew for an additional 25 years. Under the current lease, which expires December 31, 2028, the annual rent is $33,700 for the entire property, increasing to $55,000 in the last year. in February 2004, the City entered into an Exclusive Negotiation Agreement to negotiate terms to provide for the full reconstruction of the marina, extend the current marina lease, explore the sale of the commercial development constructed on the upland area of the lease, and explore the development of housing on the remaining portion of land. New leases have been negotiated that, pending Council approval, will increase City revenues by modifying terms to increase the rent to market value and require the lessee to upgrade and invest in new marina docks and improvements. DISCUSSION On June 6, 2007, the City Council adopted asset management guidelines that serve as the foundation for Tidelands lease discussions. Those approved guidelines are included as Attachment 1. In negotiating the lease, the City's interests are to: 1. Protect the long -term property interest that reverts to the City at lease termination, which means recovering an asset that has been well maintained; City Council Report Re: Agenda Item ##5 -E 07 -03 -07 Honorable Mayor and Members of the City Council July 3, 2007 Paget of 5 2. Meet its stewardship and fiduciary responsibilities regarding management of City - owned assets, which means managing property in the best long -term interest of the community and generating market rate levels of return in order to help pay for delivery of public services; 3. Increase the level and quality of public benefits, such as public open space and public services, without increasing public costs. This means avoiding any net increase in cost to the City's General Fund for development and maintenance of new open space or other local infrastructure, such as streets, without generating new General Fund revenues that fully offset the increased cost. The Lessee's interests are to: 1. Amend the existing Ground Lease with the City to extend the term to secure additional financing for Marina renovation; and 2. Dredge, reconfigure, and renovate the existing Marina. Proposed Business Terms In order to meet the City's adopted leasing goals while working within the constraints of the tenant's financial situation, the structure of the proposed new lease is necessarily - complex. The lease documents are comprised of a Master Agreement that defines and controls the structure of the transaction and three separate lease agreements, each for a separate and distinct geographic portion of the larger original leasehold. One lease agreement covers only the marina portion of the original leasehold (the "Waterside Parcel "); one lease agreement covers that portion of the original leasehold that contains the existing commercial buildings and associated parking (the "Commercial Parcel "); and the last proposed lease agreement covers the undeveloped portion of the original leasehold (the "Remainder Parcel "). The Master Agreement provides that the original and existing leasehold interest may be "trifurcated" into the three separate parcels, the Waterside Parcel, the Commercial Parcel, and the Remainder Parcel, upon a request by the existing Lessee (Ballena Isle Marina LP) to transfer its interest in the Commercial Parcel to a third party acceptable to the City. Until this event occurs, the existing lease remains in place with no extension of term. Waterside Parcel Lease: Upon the City's acceptance of a proposed transfer of the Commercial Parcel, and required subdivision of the property, the three trifurcated leases would be initiated. The Waterside Parcel Lease provides that, upon trifurcation, the Waterside Parcel Lease term would be extended five years to 2033. Using the consideration received by the Lessee for the transfer of its interest in the Commercial Parcel Lease to an approved third party, and after retiring its existing debt on the original leased property, the Lessee Honorable Mayor and Members of the City Council July 3, 2007 Page 3 of 5 is obligated to fund the improvements to the marina facilities (the "Marina Project "). As these improvements are successfully completed, the Lessee is entitled to incremental extensions in the lease term, up to a total of 30 additional years to 2063. The total cost of the Marina Project is currently estimated to be $12.5 million. The Waterside Parcel Lease provides that the rent (for the Waterside Parcel only) starts at $34,214 for the first year following execution and subsequently increases to $37,514 for the following four years. Following the initial five years from the date of execution, the rent increases to $50,000 per year, with a potential "bonus" increase of up to an additional $40,000, based on a sliding scale, if the Remainder Parcel rights are sold by the Lessee for between $3.5 million and $7 million. All proceeds of the sale of the Remainder Parcel rights in excess of the amount needed to complete the Marina Project, estimated to be $7 million, are to be distributed directly to the City. After the completion of the Marina Project, or 15 years from the date of commencement of the lease, the rent shifts to a percentage of the gross income, if that amount is greater than the then - existing base rent. The percent of gross income paid in rent is set forth in exhibit C of the lease and varies by type of income - producing activity. For the largest source of projected income from the Waterside Parcel, boat slip rental income, the percentage of gross income to be paid as rent would be 7.5 percent. Utilizing only the base rent structure, the Waterside Parcel Lease would be expected to yield $3,905,000 in rent over the initial 21 years of the lease, compared to $505,000 that would paid to the City for the same period under the existing lease. Commercial Parcel Lease: The structure of the Commercial Parcel Lease is similar to that of the Waterside Parcel Lease. The term of the lease runs through 2060, with no extensions permitted. For the first five years of the Commercial Parcel Lease, the rent is set at $50,000 for the first year, increasing incrementally to $125,000 by the fifth year. Following the fifth year of the lease term, the rent becomes the greater of $125,000 per year or 11 percent of the gross income earned from the leasehold. In addition to the rent obligation, the Commercial Parcel Lease requires the Lessee to construct specified renovations to the existing buildings on the parcel, estimated to cost a minimum of $409,000. Further, after the first five -year lease period, and for the remaining term of the lease, the Lessee is required to set aside 2 percent of gross monthly income into a capital investment reserve to fund required repairs, additions, and upgrades to the improvements on the Commercial Lease Parcel. Funds remaining in this account at the termination of the lease revert to the City. The Commercial Parcel Lease is expected to yield $3,195,000 to the City over the first 21 years of the lease term, as compared to $414,000 projected to be earned that would be income to the marina operator under the existing lease. Honorable Mayor and Members of the City Council Remainder Parcel Lease: July 3, 2007 Page 4 of 5 The terms of the proposed Remainder Parcel Lease are essentially the same as the existing lease. There are no rights to develop the Remainder Parcel under the new lease, and the term is not extended from the term of the existing lease. Any future sale, development or transfer of the Reminder Parcel is at the sole discretion of the City. Further, if there is no transfer or development of the Remainder Parcel within five years, the City has the right to improve the property for public access at its sole cost. The City Charter requires the Council approve all leases for City property via Ordinance. This item requires four affirmative votes, consistent with Charter Section 3 -10. BUDGET CONSIDERATION /FINANCIAL IMPACT A Keyser Marsen Associates, Inc., analysis of the proposed lease terms, including a spreadsheet showing projected income to the City, is attached. This analysis indicates that the current lease will yield $920,000 in rent over the remaining 21 years of the lease term. In comparison, the Keyser Marsten Associates analysis estimates that the new lease structure could reasonably yield $7,1 00,000, an increase of $0,1 80,000 over the existing lease over the same period. The leases for both the Waterside Parcel and the Commercial Parcel provide for initial and ongoing reinvestment in the improvements on the respective parcels. Revenues earned from the leasing of the Ballena Marina and Commercial property are dedicated Tidelands Trust revenues and as such are restricted to expenditures consistent with public trust purposes. MUNICIPAL CODE /POLICY DOCUMENT CROSS REFERENCE This action does not affect the Municipal Code. ENVIRONMENTAL REVIEW This project is Categorically Exempt from the California Environmental Quality Act, and a Notice of Exemption will be filed with the County Clerk. RECOMMENDATION Introduce the Ordinance authorizing the City Manager to execute all necessary agreements and documents for termination of the ground lease and execution of a new master lease, that divides the leasehold estate that is the subject of the lease into three separate leasehold estates to Ballena Isle Marina, LP, a California Limited Partnership, of real property held under lease by and between the City of Alameda and Ballena Isle Marina, a Limited Partnership, and to extend the lease termination date on the Waterside Parcel to 2063 pursuant to the terms. Honorable Mayor and Members of the City Council Respectfully submitted, ',),aL Leslie A. Little Development Services Director By: Dorene E. Soto Manager, Business Development Division DK /LAL /DES:ry Attachment: 1. Asset Management Guidelines 2. Analysis prepared by Keyser Marston Associates, Inc. July 3, 2007 Page 5 of 5 ASSET MANAGEMENT GUIDELINES FOR TIDELAND LEASING Adopted by City Council June 6, 2007 1. Ensure market -rate lease terms reflecting transactions for comparable waterfront properties (unless the lessee is required to reconstruct or construct improvements); 2. Require full disclosure of balance sheets and financials for property ( "open book" process); 3. Establish full disclosure of tenant identity and investors; 4. Require profit sharing and percentage rent consideration; 5. Establish procedures for re- appraisal of rent to market; 6. Consider modification to market rent only as an offset for development investment and only when those investments meet strict performance requirements and are actually made; 7. Require regular maintenance and compliance with the draft Northern Waterfront Design Guidelines; 8. Require or expand public access and, where appropriate, development and maintenance of waterfront bay trails; 9. Require maintenance of specific capital reserve accounts; 10. Ensure that the City also considers and maximizes the public benefits of job creation and sales tax revenue. City Council Attachment 1 to Report Re: Agenda Item #5 -E 07 -03 -07 BALLENA ISLE MARINA NEGOTIATIONS WITH BALLENA ISLE MARINA, L.P. (LESSEE) Background And Essential Facts • City is lessor of marina (approximately 504 slips) and landside improvements (office, restaurant, plus boat storage and related facilities). • Leasehold contains 27 acres of submerged lands and 27 acres of dry lands. • Lease commenced in 1979 and has scheduled termination end 2028. • Property subject to restrictions in State Tidelands Trust (precludes residential). • Lessee has obligation to maintain the premises but not to rebuild: Slips are approaching end of useful life and commercial parcel requires renovation. • Annual rent is fixed, and increases from $33,700/yr. to $55,200/yr. in last year. • Lessee: > Largest operator of salt water marinas on West Coast. > Operates Port of Oakland, Treasure Island, and Martinez marinas. • Generally, the "price leader" in their markets. > Recently selected by County of Los Angeles for marina projects. • Lessee not apparently in default of any lease provisions and can remain in possession for another 21 + years without significant additional investment. Or could choose to assign their interest to another entity, with little control by City per current lease. • February 2002 Exclusive Negotiating Agreement: > Parties are City, lessee and residential developer ( "Ballena Shores Residential ") Y Provides for complete rebuild /reconfiguration of marina and refurbishment of commercial. > Extend the term of the marina lease to facilitate the lessee's redevelopment of marina. > Extend the term of the commercial lease. > Provides for residential /park development around Ballena Isle Promontory involving Tidelands Trust exchange. Page 1 of 8 5/9/2007 City Council Attachment 2 to Report Re: Agenda Item #5-E 07 -03 -07 BALLENA ISLE MARINA NEGOTIATIONS WITH BALLENA ISLE MARINA, L.P. (LESSEE) Summary of Proposed Business Terms • Leasehold Is Separated Into Three Parcels & Three Leases ➢ Waterside Parcel: Slips (To Be Rebuilt) — New Lease through 2063 ➢ Commercial Parcel: Office and Related — New Lease through 2063 ➢ Remainder Parcel: All Else - Expires at scheduled expiration, 12/31/28 • Waterside Parcel Lease ➢ Slips rebuilt in new configuration (fewer, larger slips to meet market demand). ➢ Must use state -of -the -art (Bellingham or equivalent) systems for docks ➢ New wave fence, restrooms, handicap accessible ramps, periodic dredging ➢ $12.5 million program (2007 dollars); new wave fence already installed by lessee ➢ Lessee must complete reconstruction to secure entire term; structured to incentivize "last dollars in" and complete project. ➢ Apart from minor preference to investors, all cash flow from marina must be reinvested in renovation program. ➢ Lessee must use any refinance proceeds in the marina project (cannot take money out) until redevelopment complete. ➢ New, state -of -the -art land lease for parcel • Commercial Parcel Lease ➢ Leasehold sold to investor who becomes City's land tenant ➢ All net proceeds must be reinvested by marina lessee into the marina renovation ➢ City's new commercial lessee must renovate structures and continue to reinvest per lease. • New, state -of -the -art land lease for parcel • Remainder Parcel Lease ➢ Tenant has no rights additional to those in existing lease ➢ City can install open space perimeter as requested by Council ➢ City/Lessee could agree to open space /residential development but only with Council approval. ➢ If City did agree to sale (and Trust swap is effected), first proceeds must be reinvested to complete the marina redevelopment. Page 2 of 8 5/9/2007 BALLENA ISLE MARINA NEGOTIATIONS WITH BALLENA ISLE MARINA, L.P. (LESSEE) Land Rent to City • Waterside Parcel ($33,700IYr. Currently Paid) ➢ Escalates beginning Year 6 to $60,000/Yr. ➢ Escalates latest Year 10 - 15 to 7 %2% of gross: $330,000 /Yr. (est.) ➢ Escalates latest Year 16 - 20 to 10% of gross: $380,000/Yr. (est.) ➢ Escalates to full FMV mid -lease (Year 25): Amount TBD (Agreement or Appraisal) • Commercial Parcel (No Rent Currently Paid) • Years 1 -5: $50,000/Yr. to $125,000/Yr. • Years 6-10: $125,000/Yr. Minimum Against 11'Y° of Gross y Reappraisal Every Ten Years • Remainder Parcel (No Rent Currently Paid) ➢ No land rent (as at present). ➢ Possible proceeds for marina and City if residential approved subsequently by Council. • Total City Land Rent ➢ Likely scenario with completion of marina renovation by Year 10: BALLENA ISLE MARINA/LEASE REVENUE COMPARISON LAND RENT/YR. Year1 Year6 Year11 Year16 Year21 Present Lease $37,000 $40,400 $44,600 $49,500 $55,200 Proposed Leases Marina $37,000 $60,000 $215,200 $332,600 $385,500 Commercial $56,600 $1 35,000 $1 56,500 $181,500 $21 0,400 Total $93,600 $195,000 $371 ,700 $514,100 $595,900 Note: Year 1 is 2008, assumed to be first full year for leases. Page 3 of 8 5/9/2007 BALLENA ISLE MARINA REAL ESTATE ECONOMICS • Process To -Date With Lessee /Others ➢ Review current and historic operating data for leasehold ➢ Review partnership records (Confidential) ➢ Evaluate market data and transactions for :rnarinas . ➢ Determine fair value compensation to City. • Analysis of Lessee Proposal Per. KMA: Key Factors ➢ Current income and value ➢ Cost of redevelopment ➢ Achievable slip rates ➢ Value to lessee from new lease /longer term ➢ Current rent structure ➢ Possible future rent structure. • Economics Of Slip Reconstruction Are Challenging • Low slip rates in the East Bay Market: Affect this and other marinas. ➢ Costs to replace slips is high ($30,000 or so per slip). ➢ Slip rates do not support new marina development and high land rent. ➢ Essentially, rates need to nearly double for that to occur. • If "No Deal" Most Likely Default Is "Do Nothing" • Basic to understanding current situation and options. ➢ Marina renovation requires: (1) demolishing present improvements that have investment value to lessee of about $8 - $10 million (slips only) for remaining term, plus (2) investment of $12.5 million for new improvements. ➢ There is more rent per slip with new slips, but many fewer slips. ➢ Option for lessee is not to reinvest and to continue to operate the existing improvements. ➢ Lessee position must be better with new lease than with current situation, or no incentive to proceed. ➢ Typical of many land lease situations entering later phases. Page 4 of 8 5/9/2007 BALLENA ISLE MARINA NEGOTIATIONS WITH BALLENA ISLE MARINA, L.P. (LESSEE) Alternatives Alternative 1: "Do Nothing" -- Allow Lease to Run to Term Benefits ]= City owns property free and clear of lease (not of Tidelands restrictions) in 21+ years. Y Could operate improvements, or hire an operator, or rebid parcel for lessee. Disadvantages y Leasehold premises (marina and commercial) remain deficient during remaining term. • City income (rent) remains low. ➢ Marina rebuild at end of current lease could be challenging for new lessee unless relationship of construction costs and slip rentals is more favorable to marina lessee than at present. y Alternative highly profitable uses (such as hotel) appear doubtful from standpoint of approvals /community acceptance. ➢ Without new marina lease and reconstruction, ability to structure transaction with lessee involving Remainder Parcel is cloudy. Alternative 2: Enter Into New Leases As Proposed Benefits : Redevelopment of leasehold premises. • Higher rent to City. > Potential future park/residential development if approved by City on the Remainder Parcel: in the interim, shoreline access provided on this parcel. Disadvantages • Delay in City ownership of the property free and clear. Other Alternatives Not apparent Page 5 of 8 5/9/2007 BALLENA ISLE MARINA QUESTIONS RELATED TO BUSINESS TERMS # 1. What happens if there is "no deal" with the lessee? The lessee continues to operate the premises and pay the currently stipulated contract rent for the remainder of the 21 + year term. Further capital investment except for minor repair is unlikely due to the economics of marina development in the East Bay (low slip rates) and the number of years remaining in the term of the lease. Leasehold premises will likely remain in their current condition, with minor fix -up. At the end of the term in 12/2008, all of the improvements would revert to City ownership (subject to the Tidelands Trust). The City would need to find means to redevelop the marina, which might not be economically feasible for a lessee unless the economics of marinas substantially improve. It might be possible to access.funding from the California Department of Boating and Waterways (DBW) if such programs existed at that time. # 2. What is the basic economic premise of the lease transaction? The position of both the lessee and the City must be improved in comparison to the "do nothing" alternative — otherwise, neither has incentive to proceed. # 3. Would the City be investing any capital into the marina reconstruction? No. All capital costs will be funded by the lessee. # 4. The new lease would provide for a step -up in marina rent over time. Why shouldn't the lessee pay "market rent" at, say, 20% of gross, immediately, which has been required by the Port of Oakland for its leasing of marinas to Almar? The economic return on slips by private developers in the East Bay is inadequate to fund redevelopment due to low slip rates in this market. Generally, for a lessee to build new slips, rental rates must be in the range of about $14 per lineal foot, which is achieved in many marinas in Southern California but not at any marina in the East Bay, including Ballena Isle. Although the new configuration would provide for larger slips and higher slip rentals, the total number of slips and lineal footage of slips would be reduced from that at present, resulting in relatively minor increase in net income (see attachment). Where operators have purchased leasehold interests in slips, they have been bought at a fraction of replacement cost. Comparison of Ballena Isle to the Port of Oakland is highly indicative: Page 6 of 8 5/9/2007 • At the Port of Oakland, Almar made an upfront payment of $5.4 million for 50 -year lease on 490 slips and also agreed to invest a minimum of $550,000, for a total investment of nearly $6 million, or $12,200 per slip. This equates to about 40% of replacement cost for the slips (at $30,000 per slip). • At Ballena, Almar would need to demolish existing slips with a present economic value for the remaining term of about $9 million (see attachment), plus invest $12.5 million for redevelopment, for a total of $21.5 million, or $57,600 per slip for 373 slips. The much lower required investment for slips at the Port of Oakland enables a lessee to pay higher Percentage Rent (20% plus minimum rent), though the capitalized value of the higher rent in Oakland does not come close to equaling the differential in investment at Ballena Isle. Therefore, the transaction at Ballena Isle is more economically challenging for the lessee than the transaction with the Port of Oakland. # 5. What is the rationale for severing a portion of the property to create and sell the commercial leasehold? The lessee has indicated that their business model is not to operate landside improvements such as office buildings; they wish to focus exclusively on marinas. They would therefore prefer to sell the improvements and their underlying leasehold interest and use the proceeds for redeveloping the marina. In doing so, of course, they would forego future net cash from these improvements for the remaining term of the lease, to which they are now entitled. The City would benefit through imposition of a state -of -the -art land lease on the new assignee, market rate land rent from the premises, and more rapid redevelopment of the marina, since any net proceeds from the sale are required to be reinvested in that project. # 6. What is the rationale for creating a third "Remainder" Parcel? The new lease for the Remainder Parcel creates no rights to develop this portion of the existing leasehold that are not in the current lease. There is no right by the lessee to develop housing. There is a right, not in the current lease, for the City to provide a perimeter trail for access to the water. This lease will terminate in 1212028. The lessee and the City may negotiate disposition of this parcel for residential use, but the lessee is granted no rights whatsoever in this regard. Page 7 of 8 5/9/2007 # 7. How much revenue will the new leases generate, compared to the present lease? An attachment shows projected revenue from the existing lease and from the new marina and commercial leases through the scheduled expiration date of the existing lease, 12/31/2028. The present lease, which provides for fixed payments, will yield $924,000 for the remainder of the term (amounts are reported beginning in the 4th Quarter 2007). The new marina lease, which includes minimum and percentage rent, will yield $3,873,000 over the same period. The new commercial lease, which also provides for minimum and percentage rent, will yield $3,214,000 over the same period. Therefore, the new leases will yield $7,100,000 (rounded) through the end of 2028, which is nearly 7.7 times the amount that would be paid with the existing lease. All of the calculations assume current market rates, with 3.0% annual inflation. # 8. How profitable has this investment been for the Lessee? KMA's review of the lessee's audited financials since they took over the lease indicates that Almar has never positively refinanced (taken money out of the project). Cash flow after debt service since 2000 has generally been in the mid six figure range annually. A portion of current cash flow has been spent to reimburse earlier partner loans that were reportedly required to operate the marina in earlier years. These amounts are prior to the tax liability of the partners. Page 8 of 8 5/9/2007 CITY OF ALAMEDA BALLENA ISLE MARINA Land Rent WINO Proposed Transaction 2007/4th C� 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Present Lease $ 11,121 $ 37,000 $ 37,000 $ 37,000 $ 37,000 $ 37,000 $ 40,400 $ 40,400 $ 40,400 $ 40,40Q $ 40,400 $ 44,600 $ 44,600 $ 44,600 $ 44,600 $ 44,600 $ 49,500 $ 49,500 $ 49,500 $ 49,500 $ 49,500 $ 55,200 New New Total Marina Commercial New Lease Lease Leases $ 11,121 $ 1 6,500 $ 27,621 $ 37,000 $ 56,600 $ 93,600 $ 37,000 $ 76,600 $ 113,600 $ 37,000 $ 96,930 $ 133,930 $ 37,000 $ 11 4,950 $ 151,950 $ 44,590 $ 131,083 $ 175,673 $ 60,000 $ 135,016 $ 195,016 $ 60,000 $ 139,066 $ 199,066 $ 60,000 $ 143,238 $ 203,238 $ 60,000 $ 147,535 $ 207,535 $ 109,133 $ 151,961 $ 261,095 $ 21 5,155 $ 156,520 $ 371,675 $ 221,609 $ 161,216 $ 382,825 $ 228,258 $ 166,052 $ 394,310 $ 235,105 $ 171 ,034 $ 406,139 $ 268,796 $ 176,165 $ 444,961 $ 332,564 $ 181,450 $ 514,014 $ 342,541 $ 186,893 $ 529,435 $ 352,817 $ 192,500 $ 545,318 $ 363,402 $ 198,275 $ 561,677 $ 374,304 $ 204,224 $ 578,528 $ 385,533 $ 210,350 $ 595,883 Deference/ New Versus Old $ 16,500 $ 56,600 $ 76,600 $ 96,930 $ 114,950 $ 138,673 $ 154,616 $ 158,666 $ 162,838 $ 167,135 $ 220,695 $ 327,075 $ 338,225 $ 349,710 $ 361,539 $ 400,361 $ 464,514 $ 479,935 $ 495,818 $ 512,177 $ 529,028 $ 540,683 TOTAL $ 923,821 $ 3,872,928 $ 3,214,1 61 $ 7,087,090 $ 6,1 63,269 Note: Assumes completion of marina rebuild in 2017. If sooner, Percentage Rent commences earlier; if later, Percentage Rent commences later, but no later than five years later. Commercial lease subject to reappraisal in the fifteenth year and every ten years thereafter. CITY OF ALAMEDA ORDINANCE NO. New Series AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND DOCUMENTS FOR TERMINATION OF THE GROUND LEASE AND EXECUTION OF A MASTER LEASE THAT DIVIDES THE LEASEHOLD ESTATE THAT IS THE SUBJECT OF THE LEASE INTO THREE SEPARATE LEASEHOLD ESTATES TO BALLENA ISLE MARINA, i ›- LP, A CALIFORNIA LIMITED PARTNERSHIP, OF REAL w E PROPERTY HELD UNDER LEASE BY AND BETWEEN THE CITY Q OF ALAMEDA AND BALLENA ISLE MARINA, A LIMITED .' PARTNERSHIP Q o WHEREAS, on the 1 5t « day of January, 1979, a lease, entitled Ballena Bay a N • Lease" of certain City-owned property was entered into by and between the City of Alameda as Lessor and Marina Operators Incorporated as Lessee; and WHEREAS, on the 28th day of October, 1982, pursuant to Ordinance No. 2105, N.S., the City consented to assignment of said Ballena Bay Lease to Almar, Ltd. And Ballena Isle Marina; and WHEREAS, on the 5th day of May, 1998, pursuant to Ordinance No. 2759, N.S., the City consented to the assignment from Ballena Isle Marina, a California Limited Partnership, to Ballena Isle Marina, LLC, a California Limited Liability Company; and WHEREAS, Ballena Isle Marina has proposed to subdivide their existing leasehold estate into three leasehold parcels ( "Waterside Parcel ", "Commercial Parcel ", and "Remainder Parcel ") and to assign its interest in the proposed Commercial Parcel to a new lessee ( "certain conditions precedent ") as conditions precedent to execution of a new master lease; and WHEREAS, Ballena Isle Marina is requesting the City to approve, upon the occurrence of certain conditions precedent, the termination of the ground lease and execution of a master lease that divides the leasehold estate that is the subject of the lease into three separate leasehold estates to Ballena isle Marina, LP, a California Limited Partnership, of real property held under lease by and between the City of Alameda and Ballena Isle Marina, a Limited Partnership; and WHEREAS, the City of Alameda consents to, upon the occurrence of certain conditions precedent, the termination of the ground lease and execution of a master lease that divides the leasehold estate that is the subject of the lease into three separate leasehold estates to Ballena Isle Marina, LP, a California Limited Partnership, of real property held under lease by and between the City of Introduction of Ordinance #5 -E 07 -03 -07 Alameda and Ballena Isle Marina, a Limited Partnership in the form held on file in the City Clerk's office. WHEREAS, pursuant to City Charter Section 3 -10, no real property of the City shall be leased for a period in excess of one year or sold, except upon the affirmative vote of four members of the Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda, by four affirmative votes that: Section 1. The City Council of the City of Alameda hereby approves and authorizes, upon the occurrence of certain conditions precedent, the termination of the ground lease and execution of a master lease that divides the leasehold estate that is the subject of the lease into three separate leasehold estates to Ballena Isle Marina, LP, a California Limited Partnership, of real property held under lease by and between the City of Alameda and Ballena Isle Marina, a Limited Partnership. Section 2. The City Manager of the City of Alameda be, and is hereby authorized to execute, for an on behalf of the City of Alameda, all necessary agreements and documents for the form of Master Lease of Real Property held under lease by and between the City of Alameda and Ballena Isle Marina, L.P., substantially containing the terms and conditions and covenants as set out in the Master Lease of Real Property to Ballena Isle Marina, A California Limited Partnership, of real property held under Lease by and between the City of Alameda and Ballena Isle Marina, LP, a California Limited Partnership. Section 3. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the Council Attest: Lara Weisiger, City Clerk City of Alameda f 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the day of , 2007 by the following vote to wit: AYES: NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this day of , 2007. Lara Weisiger, City Clerk City of Alameda DRAFT CITY OF ALAMEDA RESOLUTION NO. SUPPORTING A DIPLOMA TIC APPROACH TO ENDING THE IRAQ WAR AND BRINGING OUR TROOPS HOME WHEREAS, the City Council of the City of Alameda, on March 16, 2003, passed Resolution 13565, which encouraged a multilateral diplomatic approach to the Iraq situation as provided by the United Nations as an alternative to war; and WHEREAS, the City of Alameda strongly supports the women and men serving in the United States Armed Forces in Iraq and recognizes the sacrifices that each of them is making, including those made by Alamedans in active and reserve units of the services, our local U.S. Marine Corps Reserve Unit, our local Coast Guard units, and members of the California National Guard; and WHEREAS, the war ensued and Federal policy has unnecessarily placed our troops in the midst of sectarian violence within Iraq, tantamount to civil war; and WHEREAS, the costs of deploying U.S. troops, in particular the call -up and over - extension of our reservists and members of the California National Guard for deployment in Iraq have been significant, as determined in lost lives, combat injuries, psychic trauma, disruption of family life, financial hardship for individuals, families, and businesses, interruption of careers; and WHEREAS, the continued deployment of the California National Guard units to Iraq puts Alameda and many California communities at risk in the event of a natural disaster, such as a major earthquake or storm; and WHEREAS, the costs of the war in Iraq have resulted in unprecedented Federal budget deficits, which have effected the State of California and have had direct and significant impact on the City of Alameda, including, but not limited to, loss of our Federal tax dollars which would have been available to: maintain Alameda's waterways, seawalls and shorelines, clean up environmental contamination at Alameda Point, provide educational funding for the Alameda Unified School District, fund Alameda's housing needs, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alameda calls upon the President, Congress and the Governor of California and our State legislators to take necessary and immediate steps toward a diplomatic and multinational resolution to the violence in Iraq and to immediately bring our troops home. Frank Matarrese - Alameda City Councilmember Council Communication #7 -A 07 -03 -07 Gregory L. Hamm Richard Heaps Len Grzanka E. Peter McNamara James Meyer Ronald Silva Iain S. Walker CURRENT APPLICATIONS PUBLIC UTILITIES BOARD ONE VACANCY (FULL TERM EXPIRING JUNE 30, 2011) Council Communication #7 -B 07 -03 -07